Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.
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Five State AGs Write Amicus Letter Concerning Environmental Settlement
On August 7, California Attorney General Rob Bonta led a coalition of five state attorneys general (AGs) in filing an amicus letter concerning a proposed class action settlement between DuPont, Chemours, and Corteva, and water providers for $1.185 billion. The AGs contend the settlement amount is far too low given the scope of environmental contamination…
Nebraska and Iowa AGs Sue Biden Administration’s EPA for Failing to Fulfill Sale of Year-Round E15 Gasoline
On August 7, Nebraska Attorney General (AG) Mike Hilgers and Iowa AG Brenna Bird joined forces to sue the Biden administration’s Environmental Protection Agency (EPA) for failing to fulfill the request by Iowa and Nebraska governors to allow the sale of year-round E15 gasoline.…
Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.…
Coalition of 22 State AGs Oppose 3M’s $12.5 Billion PFAS Settlement
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.…
Will EPA Apply the New 401 Certification Rule Retroactively to Pending Requests?
A filing in a California federal court indicates that EPA is planning to apply its new Clean Water Act section 401 certification rule to all certification requests, including those that are currently pending and that were submitted in accordance with the 2020 Certification Rule. If EPA attempts to retroactively apply its new rule to pending…
NYSDEC Sends Letter Outlining Upcoming BCP Submittal Milestones
By Andrew Perel & Buck Dixon
On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of Completion (COC) milestones and affordable housing deadlines. With respect to BCP submittals, the letter emphasizes the importance of applicants making the submittals necessary…
Tennessee AG Sues More Than 20 PFAS Manufacturers
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.…
Thirteen Democratic AGs Encourage EPA to Adopt Stricter Standards for Ethylene Oxide
On June 27, Illinois AG Kwame Raoul led a coalition of 13 Democratic attorneys general nationwide in submitting a letter to the Environmental Protection Agency (EPA), supporting more stringent regulation of ethylene oxide (EtO) emissions. In their letter, the coalition urged the EPA to adopt proposed amendments to EtO standards under the National Emission Standards…
U.S. EPA Issues FAQ Memo on Lithium-Ion Battery Management Under RCRA
As lithium-based batteries become more prevalent in everything from electric vehicles (EVs) to industrial-scale batteries, as well as e-scooters and personal electronics, more questions arise regarding how to properly manage and dispose or recycle them at the end of their lives. On May 24, the U.S. Environmental Protection Agency (EPA) issued a memorandum titled “…