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
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Outcome of PFAS Decision Remains Uncertain in the Midst of Stay
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.
How to Respond to an EPA or PADEP PFAS Information Request
As part of its “PFAS Strategic Roadmap,” EPA has stated that it intends to designate PFOA and PFOS as “hazardous substances” under the Comprehensive Environmental Responses, Compensation, and Liability Act (CERCLA). EPA took the first step in this process on January 10, 2022, when it submitted its proposed rule to the White
EPA Announces Funding for Disadvantaged Communities to Address PFAS in Drinking Water, Synthesizing Approaches to PFAS and Environmental Justice
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
NEW VIRGINIA LAW IMPOSES STRICT REQUIREMENTS ON COMMERCIAL BREEDERS OF RESEARCH ANIMALS
By David Galpern, a summer associate at Fox Rothschild LLP, based in the firm’s Princeton office
A recently enacted Virginia law amending Va. Code § 3.2-6511.2 imposes strict requirements on commercial dog and cat breeders who sell animals “for experimental purposes,” like research. Senate Bill 87, and its counterpart House Bill 1350, was introduced in
EPA Issues New Drinking Water Health Advisory Levels for PFOA, PFOS, PFBS, and GenX
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
New York’s Highest Court Affirms Motion to Dismiss Petition for Writ of Habeas Corpus for Happy, the Elephant
In a long-awaited decision about whether Happy the Elephant could be designated a person for the purposes of a writ of habeas corpus, the Court of Appeals of the State of New York has spoken. In a word—no. Specifically, the Court held that “[b]ecause the writ of habeas corpus is intended to protect the liberty
New Jersey Supreme Court reaffirms public policy underpinning the NJ rescue doctrine is limited to the protection of human life
Injuries to a woman who heroically jumped in a canal to save a neighbor’s dog were not considered viable as a cause of action under the state’s rescue doctrine. See Ann Samolyk v. Dorothy Berthe, III, No. A-16-21 (085946) (N.J. June 13, 2022). The State’s highest court declined to extend the rescue doctrine to those
NJ Bill Could Impose Unwarranted Animal Forfeiture
By Meghan Currie, a summer associate at Fox Rothschild LLP, based in the firm’s Princeton office
A recent Bill, A2354, introduced in February of this year by New Jersey legislators should be on the forefront of any New Jersey animal owner’s mind. The Bill proposes amendments, bolstering existing animal cruelty statute 4:22-17, which addresses animal
Environmental Protection Agency Seeks Comments on Draft Recommended Aquatic Life Ambient Water Quality Criteria for PFOA and PFOS
Earlier this month, the Environmental Protection Agency (EPA) published in the federal register its notice of availability to comment on its Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctanoic acid (PFOA) and Draft Recommended Aquatic Life Ambient Water Quality Criteria for Perfluorooctane Sulfonic Acid (PFOS).
PFOA and PFOS are both fluorinated organic