On July 22, 2025, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit granted a motion by the Environmental Protection Agency (EPA) to lift the abeyance in consolidated litigation challenging the agency’s...more
8/6/2025
/ Appeals ,
CERCLA ,
Drinking Water ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Stays ,
Trump Administration
Packaging-related EPR laws are rapidly creating complex compliance obligations across multiple states; companies should act to avoid unexpected fees, increased costs and competitive disadvantages....more
While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of...more
Data centers use various chemicals that have recently been the focus of regulatory efforts at the federal and state level. The historic or future use of these chemicals may create liabilities, obligations, or new costs for...more
5/6/2025
/ Data Centers ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Hazardous Substances ,
PFAS ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Exposure
The Trump administration’s directive instructs the Council on Environmental Quality to implement technological reforms and establish a unified federal system to conduct environmental reviews and evaluate permits....more
5/1/2025
/ Energy Projects ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
Regulatory Reform ,
Regulatory Requirements ,
Technology Sector ,
Trump Administration
The question is not whether Wisconsin will act on PFAS—but who should pay the bill. As Wisconsin Governor Tony Evers rolls out a sweeping plan to tackle per- and polyfluoroalkyl substances (PFAS) contamination statewide,...more
House Republicans have introduced a joint resolution under the Congressional Review Act (CRA) to nullify a rule issued by the Environmental Protection Agency (EPA) late in the prior administration. The rule narrowed the...more
Owners, lenders and investors in real property have long relied on ASTM E 1527-21, a product of ASTM International, in connection with Phase I Environmental Site Assessments. This product is used to establish that “all...more
1/30/2025
/ ASTM ,
CERCLA ,
Climate Change ,
Disclosure Requirements ,
Environmental Policies ,
Environmental Site Assessment ,
Environmental Social & Governance (ESG) ,
Property Owners ,
Real Estate Investments ,
Real Estate Transactions ,
Risk Management ,
Sustainability
New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of...more
With 2024 winding down and a change of presidential administration imminent, it is worthwhile to consider the state of EPA’s efforts to regulate per- and polyfluoroalkyl substances (PFAS). In this connection, EPA recently...more
On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release...more
On September 30, 2024, the U.S. Environmental Protection Agency (EPA) issued a notice seeking comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) during the fluorination of high-density...more
On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section...more
On April 19, 2024, the Environmental Protection Agency (EPA) finalized its long-awaited rule designating two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances”...more
4/24/2024
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Hazardous Substances ,
PFAS ,
Reporting Requirements ,
Superfund ,
Toxic Chemicals
The Biden Administration is continuing its efforts to regulate per- and polyfluoroalkyl substances (PFAS). On April 15, 2024, the White House Office of Management and Budget (OMB) completed its review of an Environmental...more
On April 10, 2024, the Environmental Protection Agency (EPA) finalized a National Primary Drinking Water Regulation under the Safe Drinking Water Act to establish Maximum Contaminant Levels (MCLs) for five per- and...more
As regulation of the use of PFAS in consumer products continues to develop at a rapid pace in the United States, businesses that manufacture or sell products internationally should also keep their fingers on the pulse of...more
As in 2023, Congress continues to focus on PFAS issues in the first months of 2024. In this 118th Congress, at least 39 bills focused on PFAS have been introduced along with several dozen additional bills that tangentially...more
On October 2023, the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register modifying reporting requirements for per- and polyfluoroalkyl substances (PFAS) in the Toxics Release Inventory...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
Companies should consider taking proactive measures to avoid being blindsided by future microplastic-related laws.
California’s adoption of the Statewide Microplastics Strategy is the first attempt by a U.S. state to...more
In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more
Climate change litigation has become a global phenomenon, as scientists, agencies, and the general public increasingly associate wildfires, droughts, flooding, hurricanes, heat waves and other events with changing climate....more
11/5/2021
/ Air Pollution ,
Civil Liability ,
Climate Change ,
Enforcement Actions ,
Environmental Claims ,
Environmental Policies ,
Environmental Violations ,
Fossil Fuel ,
Government Investigations ,
Greenhouse Gas Emissions ,
International Litigation ,
Negligence ,
Public Trust Doctrine
The current bill contains several provisions which would significantly alter the requirements of National Environmental Policy Act review, but it remains to be seen whether those changes will survive House review.
The...more
Mounting public and regulatory concerns regarding widespread phthalate exposure may result in a rapid expansion of regulatory and litigation risk for impacted businesses.
Phthalates are chemicals found in a wide range of...more
6/16/2021
/ CERCLA ,
Clean Water Act ,
Consumer Product Safety Commission (CPSC) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Food and Drug Administration (FDA) ,
Hazardous Substances ,
PFAS ,
Regulatory Standards ,
Safe Drinking Water Act ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)