Kelley Green Law

Chemical Law and Regulatory News and Insights

A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have “presumptive contamination” from per- and polyfluoroalkyl substances (“PFAS”).  Even more sobering is the authors’ assertion that that number is almost certainly a dramatic

California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever chemicals” in apparel, textiles, and cosmetics.  The ban goes into effect beginning in 2025, and applies to the sale, manufacture and distribution of new cosmetics

On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This action is one of the more high profile elements of the Agency’s PFAS Strategic Roadmap, which

Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know Act (“EPCRA”). The listings are automatic and not subject to notice-and-comment rulemaking under the authority

Original Kelley Drye Client Advisory posted on June 30, 2022.

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s” or “the Agency’s”) ability to regulate greenhouse gases. The Court’s decision limits EPA’s authority pursuant

Original Kelley Drye Client Advisory posted on June 17, 2022.

In the last two weeks, the Environmental Protection Agency (“EPA”) has taken two major steps forward on its regulation of the “forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”), to advance implementation of its PFAS Roadmap, released in October 2021.  Specifically, EPA (1) established drinking water