On September 28, 2023, the U.S. Environmental Protection Agency (EPA) finalized the long-awaited one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) that the Agency had proposed in June 2021 under Section...more
Maine proposes a new rule to its PFAS legislation, while the Massachusetts Legislature considers two bills around banning specific PFAS-containing products.
Since many companies that do business in the United States do so...more
Since mid-2022, North Carolina, California, Wisconsin and Illinois each have sued primary and secondary manufacturers of PFAS and PFAS-containing products for alleged environmental damage caused by the distribution of their...more
EPA has proposed a special one-time reporting rule that will require businesses to go on record with the agency memorializing their contributions to PFAS in the marketplace.
The final PFAS reporting rule is expected to be...more
10/4/2022
/ Chemical Data Reporting ,
Corporate Counsel ,
Enforcement ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
FOIA ,
PFAS ,
Proposed Rules ,
Reporting Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
Rule 2305, a first-of-its-kind air district rule, will impose new costs on warehouses and the Southern California supply chain, potentially testing legal boundaries of local authority to regulate “indirect sources” of...more
What to Do When You Receive an Information Request or Subpoena from a Governmental Agency about PFAS -
Federal and state governments use information requests and subpoenas to gather information about a business’s...more
6/29/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
CERCLA ,
Chemicals ,
Clean Air Act ,
Environmental Justice ,
Environmental Protection Agency (EPA) ,
Information Requests ,
NDAA ,
PFAS ,
Proposition 65 ,
Risk Assessment ,
Safe Drinking Water Act ,
Subpoenas
The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives.
The next filing deadline is November 30, 2020 and requires the submission...more
A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides.
It further affirmed that FIFRA does not...more
A California Court has granted a permanent injunction on enforcement of cancer warnings for glyphosate pursuant to Proposition 65, on the grounds that it violates the First Amendment.
The Court reviewed the constitutionality...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals.
Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
6/12/2020
/ Amicus Briefs ,
California ,
Cancer ,
Chemicals ,
Environmental Protection Agency (EPA) ,
FIFRA ,
Food and Drug Administration (FDA) ,
Manufacturers ,
Monsanto ,
Pesticides ,
Popular ,
Proposition 65 ,
Retailers ,
Toxic Chemicals ,
Warning Labels
U.S. environmental authorities, concerned about the prevalence of PFAS, are considering and taking steps to restrict usage, potentially affecting a wide variety of products and processes, and to require owners and operators...more
Under the recently amended Toxic Substances and Control Act (TSCA), EPA is bound by new requirements and enforceable timetables to complete risk assessments for chemicals manufactured, distributed and imported to the United...more
12/5/2016
/ Chemical Safety for the 21st Century Act ,
Chemicals ,
Distributors ,
Environmental Protection Agency (EPA) ,
Flame Retardant ,
Importers ,
Manufacturers ,
Risk Assessment ,
Testing Requirements ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA) ,
Trump Administration