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
On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data...more
We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more
4/22/2025
/ Commercial General Liability Policies ,
Contamination ,
Environmental Litigation ,
Hazardous Substances ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Manufacturers ,
PFAS ,
Popular ,
Regulatory Requirements
Recently, Congress allocated approximately $17 million in EPA’s fiscal year 2025 budget to modernize outdated technical systems and accelerate chemical reviews which may help resolve ongoing concerns about the functionality...more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
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
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
A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging...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
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
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
On September 20, 2023, the Consumer Product Safety Commission (CPSC) published a Federal Register Notice to request information on PFAS from “all stakeholders such as consumers, manufacturers and importers, government...more
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
On June 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA) for 18 chemicals derived from the recycling of plastic wastes. 88 Fed....more
Multiple states have enacted laws that impose prohibitions or notification obligations on the commercial distribution of PFAS-containing products, with requirements under the laws of three states (California, Maine and New...more
1/23/2023
/ Consumer Protection Laws ,
Department of Environmental Protection ,
Enforcement ,
Importers ,
Insurance Industry ,
Manufacturers ,
Noncompliance ,
Notification Requirements ,
PFAS ,
Product Labels ,
Toxic Chemicals ,
Wholesale
Continuing the recent trend of promoting sustainability and accountability among businesses, the proposed legislation would change the way in which major players in the fashion industry approach their operations....more
2/10/2022
/ Corporate Governance ,
Disclosure Requirements ,
Due Diligence ,
Enforcement ,
Environmental Social & Governance (ESG) ,
Fashion Industry ,
Manufacturers ,
New Legislation ,
New York ,
Proposed Legislation ,
Reporting Requirements ,
Retailers ,
Supply Chain ,
Sustainability
Recent enforcement actions against manufacturers and importers of air filters and purifiers highlight Environmental Protection Agency’s aggressive enforcement posture on potentially misleading claims of efficacy.
Air...more
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
EPA continues its regulation of PFAS by shifting focus to the importation of certain PFAS-containing articles.
- EPA goes for the low-hanging fruit by using TSCA to restrict the importation of long-chain PFAS that already...more
2/28/2020
/ Enforcement Actions ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Imports ,
Manufacturers ,
PFAS ,
Proposed Rules ,
Risk Mitigation ,
Rulemaking Process ,
Supply Chain ,
Toxic Chemicals ,
Toxic Substances Control Act (TSCA)
The Toxic Substances Control Act (TSCA) required the compiling of a national register of chemicals that were manufactured in or imported into the United States for a non-exempt commercial purpose, and the first TSCA Inventory...more
The 2016 amendments to the Toxic Substances Control Act (TSCA or the Act), modified Section 8(b) of the statute to require the United States Environmental Protection Agency (EPA) to designate each chemical substance on the...more
On June 7, 2016, the Senate passed a revised version of the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), which the House of Representatives had already approved, to enact sweeping amendments to the...more