PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2022. We will continue to update these graphics on a quarterly basis. A more up-to-date version of this graphic exists.
Pennsylvania’s new “Safe Drinking Water PFAS MCL Rule” became effective on January 14, 2023, upon the publication of the new regulations in the Pennsylvania Bulletin. As discussed in a previous post, this rulemaking establishes new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) of 14
On November 15, 2022, in response to a challenge by 3M, the Michigan Court of Claims invalidated the drinking water MCLs and attendant groundwater standards for several PFAS substances, including PFOA (8 parts per trillion, or ppt), PFOS (16 ppt), PFNA (6 ppt), PFHxA (400,000 ppt), PFHxS (51 ppt), PFBS (420 ppt) and the Gen-X
Those anticipating the EPA’s promised end-of-year drinking water regulations may have to wait for the new year. Per EPA’s rulemaking webpage, the agency’s anticipated notice of proposed rulemaking (NPRM) for national primary drinking water regulations (NPDWR), including a proposal to regulate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in drinking water, is now projected for
As previously reported, 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. EPA moved to dismiss the petition on the basis that the
On November 17, 2022, the Independent Regulatory Review Commission (“IRRC”) approved the Pennsylvania Environmental Quality Board’s (“EQB”) new safe drinking water maximum contaminant levels (“MCLs”) for perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”) under the Pennsylvania Safe Drinking Water Act regulations at 25 Pa. Code Chapter 109. The regulations will establish MCLs of
Earlier this summer, the U.S. Environmental Protection Agency (EPA) published its draft fifth Contaminant Candidate List (CCL 5) and accompanying technical support document.
By way of background, contaminants listed on the drinking water Contaminant Candidate List (CCL) are not currently subject to any proposed or promulgated national primary drinking water standards. EPA’s CCL does
On November 4, 2022, the City of Philadelphia filed suit against companies it alleges manufactured or distributed PFAS-containing AFFF and/or other PFAS Products. The City asserts claims in its capacity as a water provider, a wastewater treatment operator, and as an owner of property, e.g., the Philadelphia International Airport. The action appears to have been
More and more states are passing statutes to restrict and/or monitor sales of products containing PFAS. Recent news out of Maine suggests some practical downsides to a more aggressive legislative scheme; last month California took a more measured approach.
In July 2021, Maine enacted a law that will bar the sale in Maine of new
New York’s drinking water standards for emerging contaminants are among the most stringent in the country, including standards issued in 2020 for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at concentrations of 10 parts per trillion (ppt). See N.Y. Comp. Codes R. & Regs. tit. 10, Section 5-1.52. Consequently, it should come as no