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NEWMOA Releases Draft PFAS Prevention Model Act

In recent months, state legislatures have introduced numerous regulations restricting the sale of consumer products containing per- and polyfluoroalkyl substances (PFAS) and adopting legal drinking water standards for the...more

Maine Readies Proposed Rule on PFAS in Food Packaging

The Maine Department of the Environment (DEP) plans to propose a long-awaited rule later this year aimed at eliminating per- and polyfluoroalkyl substances (PFAS) in food packaging. The proposed rulemaking was announced to...more

Minnesota Considering Extensive Reporting Requirements and Ban on PFAS in Consumer Products

Last week, the Minnesota House passed the state’s largest-ever environmental and natural resources funding bill, including a ban on per- and polyfluoroalkyl substances (“PFAS”) in many consumer products beginning in 2025,...more

Maine Reexamines PFAS Ban and Reporting Regulations

“First movers” in a regulatory field often need to recalibrate their approach. Maine is no exception as it seeks to implement the broadest reporting and use ban in the country addressing per- and polyfluoroalkyl substances...more

New York Expands PFAS Apparel Ban

The New York state legislature has passed a bill (S.1322/A.994) to modify previous legislation that largely bans per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel by 2025 that was signed into law by...more

Latest TRI Data Show Modest Increase in PFAS Reporting

Last week, EPA released the Agency’s 2021 Toxic Release Inventory (“TRI”) Analysis showing that only 44 facilities submitted 89 forms on their per- and polyfluoroalkyl (“PFAS”) releases and waste management, a marginal...more

New York Joins the Growing List of States with Bans on PFAS in Apparel

Following in California’s footsteps, New York has recently joined a litany of States banning per- and polyfluoroalkyl substances (“PFAS”) in clothing and apparel. New York Governor Kathy Hochul signed the bill into law on...more

EU Proposes Ban on PFAS in Most Products

The European Union (“EU”) is preparing to adopt the world’s most sweeping ban on per- and poly-fluoroalkyl substances (“PFAS”), including with respect to the presence of the so-called “forever substances” in practically all...more

Preparing for California’s Ban on PFAS in Textiles

California Governor Gavin Newsom signed the Safer Clothes and Textiles Act (AB 1817) (the “Act”) into law on September 29, 2022. The Act bans per and poly-fluoroalkyl substances (“PFAS”) in textiles. The textile, clothing,...more

The California Prop 65 Acrylamide Saga Continues

Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years...more

Comments Due Soon on EPA Proposed Rule to Eliminate De Minimis Exemption for PFAS Reporting under the Toxic Release Inventory...

Comments are due February 3rd on EPA’s proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”)...more

New Study Identifies Over 57,000 Sites “Presumptively Contaminated” with PFAS

A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have...more

EPA Proposes Designating Two PFAS “Forever Chemicals” as CERCLA Hazardous Substances

On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive...more

PFAS and TRI: More, Lots More, to Come

Given today’s incessant media coverage and regulatory attention to PFAS (per- and polyfluoroalkyl substances), and their widespread presence in a host of products, it may seem surprising at first that the recently published...more

EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting

Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the...more

California Still Seeking Proper Balance for Prop 65 Short Form Warnings

The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. ...more

EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS

Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated...more

The Prop 65 Pandemic: No Covid Slow-Down for Enforcement

While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In...more

California Tweaks Proposed Revisions to Limit Use of Prop 65 “Short Form” Warnings

Almost a year after initially proposing revisions that would substantially curtail use of the popular “short form” warnings under Proposition 65 (see my prior blog post for more details), the California Office of...more

Prop 65 Compliance Tips: Further Notes from the Prop 65 Annual Conference

With so much great content from Monday’s annual Prop 65 Clearinghouse Conference, here is a follow up post highlighting some of the compliance tips shared by panelists: • Compliance Tip #1: TEST your products … but how much...more

The Prop 65 Annual Conference: Notes from the Front 2020

(Virtually) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2020 Conference …. the largest annual assemblage dedicated to the legal niche that is California’s “Proposition 65.”...more

EPA Officially Adds PFAS Chemicals to TRI Reporting Program

Earlier today, U.S. EPA officially added 172 specific per- and poly-fluoroalkyl substances (PFAS) to the list of chemicals reportable each year under the Toxic Release Inventory (TRI) program. With annual TRI reports due...more

EPA Announces Remedy to Overly Broad TSCA Fee Requirements, Including Relief for Natural Gas Combustion Operations

The many U.S. companies that combust natural gas as part of their operations received good news today, as EPA announced that it will amend the Toxic Substances Control Act (TSCA) “Fees Rule” to exclude from coverage...more

Proposition 65 Enforcement Trend Alert: Plastic Packaging

The latest front in the ever-expanding Proposition 65 enforcement battle: plastic packaging. Since the start of the year, dozens of notices of violation have been filed, not for actual products, but for the packaging in...more

Updated TSCA Inventory Identifies “Active” Chemicals in Commerce

EPA has released the updated TSCA Chemical Substance Inventory, with, for the first time, “active” and “inactive” designations as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA). Of the 86,228...more

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