On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The accomplishments highlighted by EPA include:
President-elect Donald J. Trump announced on Monday, November 11, 2024, his intention to nominate former Representative Lee Zeldin, Republican of New York, as the Administrator of the United States Environmental Protection Agency, after President-elect Trump takes office in January 2025.
While the next Trump Administration and former Representative Zeldin generally are expected to pursue a
In late June 2024, Rhode Island joined the growing list of states that have enacted phased bans on the manufacture, sale, and distribution of various types of products containing PFAS. Rhode Island’s statute, entitled the Consumer PFAS Ban Act of 2024, applies to the manufacture and sale of new products within certain product categories,
On October 7, 2024, the United States Environmental Protection Agency (“EPA”) issued recommended ambient surface water quality criteria and acute saltwater aquatic life benchmarks for PFOA and PFOS, as well as acute freshwater aquatic life benchmarks for eight PFAS. These are not regulatory standards, nor do they automatically become part of a State’s water quality
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2024. We will continue to update these graphics on a quarterly basis.
On September 5, 2024, the U.S. Environmental Protection Agency (EPA) announced an 8-month extension of EPA’s final reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule establishes a one-time reporting requirement for any entity that has manufactured or imported PFAS during the period
The Pennsylvania Department of Environmental Protection (“PADEP”) published guidance regarding registering and permitting storage tanks that contain perfluorooctanoic acid (“PFOA”), perfluorooctanesulfonic acid (“PFOS”). This change comes in light of a recent EPA rule under Federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), which added PFOA and PFOS substances to the hazardous substances list. The
In a notable move to address growing concerns about contamination related to per- and polyfluoroalkyl substances (PFAS), New Hampshire recently enacted a law obligating real property owners to notify prospective purchasers with a general warning of the potential presence of PFAS due to various sources, including PFAS in domestic, commercial, institutional, and industrial products. House
The U.S. Court of Appeals for the Third Circuit dismissed a petition filed by The Chemours Company FC, LLC (“Chemours”) challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory Level (“HAL”) of 10 parts per trillion (ppt) for HFPO Dimer Acid, a.k.a. GenX.
Chemours argued that the advisory was flawed, based on questionable
On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984 Supreme Court decision, Chevron U.S.A. Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, went too far. The Court