News & Analysis as of

Regulatory Agenda Comprehensive Environmental Response, Compensation and Liability Act

Venable LLP

U.S. EPA Delineates PFAS Plans

Venable LLP on

The U.S. Environmental Protection Agency (EPA) issued a press release on April 28 setting forth its “first, not the last” statement regarding “major” actions and initiatives it intends to undertake to address human health and...more

Beveridge & Diamond PC

EPA Administrator Zeldin Announces EPA’s PFAS Plan

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On April 28, 2025, after much anticipation, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin outlined the agency’s plans to address Per- and Polyfluoroalkyl Substances (PFAS). Although the announcement...more

Farella Braun + Martel LLP

EPA Signals Potential Change of Position Regarding Key 2024 PFAS Rulemakings

In February 2025, newly installed EPA leadership sought and obtained orders from the D.C. Circuit Court of Appeals staying pending legal challenges to two key rulemaking actions by the former administration: the setting of...more

Vinson & Elkins LLP

New York Passes Climate Superfund Legislation - Updated 3.6.25

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On December 26, 2024, New York Governor Kathy Hochul signed the Climate Change Superfund Act (“CCSA” or the “Act”) into law. The law requires certain fossil fuel producers and refiners with sufficient connections to New York...more

Morrison & Foerster LLP - Class Dismissed

A New Era of Climate Accountability: State Climate Superfund Laws Gain Momentum

As climate adaptation and mitigation costs escalate, a wave of state climate superfund legislation is emerging across the United States. This novel approach to climate accountability, pioneered by Vermont and New York,...more

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

Water Systems PFAS Liability Protection Act: Legislation Shielding Water Utilities Introduced by Representatives Gluesenkamp Perez...

United States House of Representatives Marie Gluesenkamp Perez (Washington) and Celeste Maloy (Utah) introduced legislation titled: Water Systems PFAS Liability Protection Act (“Act”). The objective of the legislation is to...more

Fox Rothschild LLP

Litigation Over PFAS MCLs on Hold for Now

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A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision,...more

Verrill

Converting Risk to Reward in the Biosolids Industry

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Despite having over 130 years of collective environmental law experience, Verrill’s environmental group is very cautious in making predictions about the future. But sometimes we identify a trend that seems so obvious that we...more

McCarter & English, LLP

Death Knell Inches Closer for Connecticut’s Transfer Act

In a move much anticipated by the real estate, environmental, financial, and business communities, the Connecticut Department of Energy and Environmental Protection (CT DEEP) released this week its Release-Based Cleanup...more

Husch Blackwell LLP

Evolving Regulatory Status of PFAS Substances

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The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive...more

UB Greensfelder LLP

Is PFAS the Next Asbestos?

UB Greensfelder LLP on

PFAS (per- and polyfluoroalkyl substances) are a group of thousands of chemicals manufactured since the 1940s for use in consumer products and industrial processes. This article presents an overview of the PFAS phenomenon. ...more

Foley Hoag LLP - Environmental Law

EPA Bans TCE (sort of). Is the "New" TSCA Working?

Last week, EPA released two final rules under TSCA. The first rule bans all uses of trichloroethylene (TCE). The ban is subject to several temporary exemptions for certain uses under § 6(g) of TSCA. The second rule bans...more

DarrowEverett LLP

The Future of U.S. Environmental Regulation: What to Expect in 2025

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While still a newly minted lawyer early in 1977, I had the good fortune to land a job with the then brand-new Rhode Island Department of Environmental Management. This coincided with the 1976 election of Jimmy Carter as...more

Foley Hoag LLP - Environmental Law

Navigating Sites with PFAS Through the Superfund Process Is Going to Be a Bumpy Ride

For most of this century, I’ve been asked with some regularity whether Superfund was dead. I’ve always considered that question to be a victory of hope over expectation. Notwithstanding frequent criticism, frequently...more

Alston & Bird

PFAS Primer Quarterly Update: 2024 Q2 – Setting the PFAS Standard

Alston & Bird on

In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, the EPA announces drinking-water regulations, states continue to fight firefighting...more

Ward and Smith, P.A.

From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

Ward and Smith, P.A. on

Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory scrutiny nationwide due to their persistent environmental presence and potential health risks. For businesses, navigating the evolving...more

A&O Shearman

EPA takes sweeping action on PFAS in 2024

A&O Shearman on

The U.S. Environmental Protection Agency (EPA) recently took two significant actions on per- and polyfluoroalkyl substances (PFAS). First, it issued final National Primary Drinking Water Regulations (NPDWR) for six PFAS...more

Foley Hoag LLP - Environmental Law

Vermont Enacts a "Climate Superfund Act" - Uh-Oh!

Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more

Snell & Wilmer

EPA opens the Door to Widespread Liability to Businesses

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EPA’s listing of two “forever Chemicals” as CERCLA hazardous substances will re-open sites that companies had thought were closed. And every user of a product that contained them may become responsible for a share of the...more

Pierce Atwood LLP

EPA Designates Two PFAS as Hazardous Substances

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On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced that it was designating two common per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response,...more

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

Water Systems PFAS Liability Protection Act: U.S. House of Representatives Legislation

United States House of Representatives Members John Curtis (“Utah”) and Marie Gluesenkamp-Perez (“Washington”) introduced legislation titled: Water Systems PFAS Liability Protection Act (“Act”) The bill would exempt...more

Pillsbury - PFAS Observer

PFAS Hazardous Substance Designation Clears White House Review, Nearing Finalization

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

Saul Ewing LLP

EPA Finalizes First National Drinking Water Standards for PFAS

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The United States Environmental Protection Agency ("EPA") on April 10, 2024 issued the first-ever federal regulatory limits on per- and polyfluoroalkyl substances (PFAS) in drinking water. The EPA's PFAS drinking water...more

Pillsbury - PFAS Observer

Finalized EPA Drinking Water and CERCLA Regulations Fast Approaching  

The Environmental Protection Agency (EPA) is continuing its push to regulate per- and polyfluoroalkyl substances (PFAS). Just last week, the agency’s revised PFAS regulations under the Safe Drinking Water Act (SDWA) cleared a...more

Vinson & Elkins LLP

EPA Proposes Rules to Expand its PFAS Authority Under RCRA

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On February 8, 2024, the Environmental Protection Agency (EPA) published two proposed rules that would expand its regulatory authority over PFAS: one to list nine PFAS as hazardous constituents subject to the Resource...more

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