News & Analysis as of

Hazardous Substances

Fox Rothschild LLP

EPA’s Rule Agenda Includes Multiple PFAS Initiatives

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On September 4, 2025, EPA released its Unified Agenda which includes plans for a number of per- and polyfluoroalkyl substances (PFAS) regulatory actions. The PFAS regulatory agenda is consistent with Administrator Zeldin’s...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Alliance to Enhance Worker Safety in Waste/Recycling Industry: OSHA/SWANA/NWRA Renew Agreement

The United States Department of Labor's Occupational Safety and Health Administration (“OSHA”) announced on August 26th that it renewed its alliance with the National Waste & Recycling Association (“NWRA”) and the Solid Waste...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Common Law Action/PCBs: Federal Court Addresses Lakefront Property Owners Damage Claim

A federal court in South Carolina addressed in an August 6th Opinion issues arising out of a putative class action filed by lakefront property owners alleging contamination due to the dissemination of motor and transformer...more

Lowenstein Sandler LLP

9th Circuit Expands Scope of Recoverable Natural Resource Damages Under CERCLA

On Sept. 3, the U.S. Court of Appeals for the 9th Circuit held that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorizes recovery of natural resource damages for the lost use of...more

Akin Gump Strauss Hauer & Feld LLP

Euro(re)vision: EU Revising its PFAS Restriction Proposal

On August 20, 2025, Denmark, Germany, the Netherlands, Norway and Sweden submitted an update to the proposal to restrict PFAS under the European Union’s REACH regulation that they originally submitted in January 2023. The...more

Hissey, Mulderig & Friend, PLLC

Top Toxic Chemical Lawsuits: Asbestos, Benzene, Roundup & More

Exposure to toxic substances like arsenic, asbestos, benzene, cadmium, dioxins, fluoride, herbicides, lead, mercury, and pesticides can create serious and lasting health risks. These hazardous materials are often encountered...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Plastics Production, Use, and Recycling – Key TSCA Considerations

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Nine Years Later. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Clarifying the...

The United States Pipeline and Hazardous Materials Safety Administration (“PHMSA”) addressed in an August 7th Interpretive Letter the application of the federal Hazardous Materials Regulations (“HMR”) to the transportation of...more

Shipman & Goodwin LLP

Aisle Be Back…If My Floor Isn’t Forever Contaminated: PFAS in Floor Waxes and Other Products

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With new scientific information and legal developments emerging daily, concerns over per- and polyfluoroalkyl substances (PFAS) contamination have moved from future threat to present liability —including for buildings that...more

K&L Gates LLP

Vermont's Agency of Natural Resources to Implement Nation's First Household Hazardous Waste Stewardship Program

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Vermont has become the first state in the nation to implement a household hazardous waste extended producer responsibility law. This is an important development for two key reasons....more

Jones Day

I Consent: New Illinois Law Expands General Jurisdiction for Foreign Corporations Doing Business in Illinois

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On August 15, 2025, Governor Pritzker signed Senate Bill 328 into law, amending Illinois's long-arm statute, Section 2-209(b), and the Illinois Business Corporation Act of 1983....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Emergency Planning and Community Right-to-Know Act Enforcement: U.S. Environmental Protection Agency and Former Nashville,...

The United States Environmental Protection Agency (“EPA”) and Cargill Meat Solutions Corporation (“Cargill”) entered into an August 18th Consent Agreement (“CA”) addressing an alleged violation of the federal Emergency...more

Bergeson & Campbell, P.C.

Illinois Governor Signs Bill Banning Intentionally Added PFAS in Certain Consumer Products and Requiring IEPA to Prepare Report on...

On August 15, 2025, Illinois Governor JB Pritzker (D) signed a bill (HB 2516) amending the PFAS Reduction Act to ban certain consumer products containing intentionally added per- and polyfluoroalkyl substances (PFAS). As of...more

Conn Maciel Carey LLP

Chemical Safety Board Marks First Enforcement Action Under Reporting Rule

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Despite the U.S. Chemical Safety and Hazard Investigation Board (CSB) not requesting a budget in its FY 2026 Budget Request – instead stating that “[t]he President’s Budget proposes $0 for CSB’s FY 2026 budget with the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Hazardous Materials: Pipeline and Hazardous Materials Safety Administration Interpretive Letter Addressing...

The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) clarified in an August 12th Interpretive Letter the Hazardous Materials Regulations (“HMR”) applicable to emergency discharge control equipment for...more

Fox Rothschild LLP

PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case

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The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known...more

Buchalter

CPSC Streamlines Rules, Prioritizes Child Safety and Lithium Ion Batteries

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For those keeping an eye on the latest CPSC shake-ups and policy changes, over the past week, the U.S. Consumer Product Safety Commission (CPSC) has made several major announcements: CPSC confirmed it will remain fully...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and City of Dallas, Oregon Wastewater Treatment Plant Enter into...

The United States Environmental Protection Agency (“EPA”) and City of Dallas, Oregon entered into a July 25th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Air Act. See DOCKET NO....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Morristown Resin Pellet Manufacturing Facility

The Tennessee Air Pollution Control Board (“Board”) issued a July 31st Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Colortech, Inc. (“CI”) addressing an alleged violation of an Air Permit. See Case...more

Robinson+Cole Environmental Law +

“Once In, Always In” for Hazardous Air Pollutants: Back to the Grave

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead....more

Goldberg Segalla

Fourth Circuit Court of Appeals Revives Ethylene Oxide Medical Monitoring Suit

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On August 18, 2025, the United States Court of Appeals for the Fourth Circuit issued its long-awaited decision in Sommerville v. Union Carbide Corp., reversing the U.S. District Court for the Southern District of West...more

Goldberg Segalla

Toxic Reach: Illinois Expands Jurisdiction Over Foreign Corporations in Toxic Tort Suits

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This potential expansion of general jurisdiction in Illinois applies only for actions that allege injury or illness resulting from exposure to a toxic substance as defined under the Uniform Hazardous Substances Act of...more

Lowenstein Sandler LLP

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

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On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are...more

Bergeson & Campbell, P.C.

TSCA Reform — Nine Years Later: Risk Evaluation Session

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Nine Years Later. The...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Transportation/Used Oil Enforcement: Alabama Department of Environmental Management and Montgomery Waste Transportation Company...

The Alabama Department of Environmental Management (“ADEM”) and Sun Coast Resources, LLC (“SCR”) entered into an August 7th Consent Order (“CO”) addressing the violation of certain Alabama regulations concerning...more

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