PFAS and Emerging Contaminants

Latest from PFAS and Emerging Contaminants

On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”) for PFOA (0.004 ppt) and PFOS (0.02 ppt).  EPA asserted in its motion that was filed with the US Court of Appeals for the

On September 6, 2022, the United States Environmental Protection Agency (EPA) published in the Federal Register its proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund.”  Comments to EPA’s rule proposal must be

As explained in a previous post, Delaware’s Division of Public Health (the “Division”) and Department of Natural Resources and Environmental Control (DNREC) have been tasked with establishing maximum contaminant levels (MCLs) for a pair of non-polymeric perfluoroalkyl and polyfluoroalkyl substances (PFAS). Pursuant to Delaware’s Drinking Water Protection Act directive, the Division recently issued a

The White House Office of Science and Technology Policy (OSTP) recently published in the federal register its Request for Information to all interested parties to ultimately “identify data gaps in research and development regarding several aspects of per- and polyfluoroalkyl substances (PFAS).” OSTP has identified the five following research and development goals:

“(A) The removal

On July 13, 2022, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 ppt for HFPO Dimer Acid, a.k.a. GenX, alleging that the HAL is based on a “deeply flawed, scientifically

On February 23, 2021, Plaintiffs Wisconsin Manufacturers and Commerce (WMC) and Oconomowos dry cleaner sued Wisconsin’s Department of Natural Resources (WDNR)  seeking declaratory relief and an order to enjoin WDNR from attempting to regulate certain emerging contaminants, including per- and polyfluorolalkyl substances (PFAS), and from enforcing the agency’s “interim decision” policy.

Alongside USEPA’s recent issuance of new Health Advisory Levels, or HALs, for certain PFAS chemicals (namely, PFOA, PFOS, PFBS, and GenX), the Agency also announced that, as part of the Biden Administration’s whole-of-government effort to address PFAS, USEPA is making available $1 billion in grant funding in Fiscal Year 2022 (and a total of

EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX

On June 15, the United States Environmental Protection Agency (EPA) announced its issuance of lifetime drinking water health advisory levels (HALs) for four per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid and its potassium