Last month, Governor Murphy signed a bill that affects the use of per- and polyfluoroalkyl substances (“PFAS”) in firefighting foam. The law, approved as P.L.2023, c.243 (Bill A4125 or S2712), accomplishes a few things: it (1) largely prohibits PFAS-containing firefighting
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Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban on PFAS-Containing Products
As we’ve posted here before, by statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s…
EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents
On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is finalized, the nine PFAS (PFOA, PFOS, PFBS, GenX, PFNA, PFHxS,…
State and Federal PFAS Litigation – 2019 to Q4 2023
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2023. We will continue to update these graphics on a quarterly basis.
Recent Progress Report Issued by EPA Foreshadows Landmark Year for Federal Regulation of PFAS
Soon after the Biden Administration took office, the United States Environmental Protection Agency (“EPA”) issued a Strategic Roadmap highlighting the many ways it planned to “research, restrict, and remediate” per-and poly-fluoroalkyl substances (“PFAS”) during the Administration’s first term. Among the…
DuPont Companies to Pay Delaware an Extra $25 Million Under 2021 PFAS Settlement
A recent DuPont settlement in Ohio triggers additional payments to Delaware under a 2021 agreement. In June 2021, (i) E. I. du Pont de Nemours and Company, (ii) Corteva, Inc., (iii) The Chemours Company, and (iv) DuPont de Nemours, Inc.…
Hardwick Ohio PFAS Class Action Dismissed for Lack of Jurisdiction
The Sixth Circuit ruled that a complaint on which a trial court had certified a class that included every person subject to the laws of Ohio must be dismissed. The complaint was filed by Kevin Hardwick, a firefighter, against ten…
NJDEP Issues Guidance for Green, Sustainable, and Resilient Remediation
In September, NJDEP’s Contaminated Site Remediation and Redevelopment program (CSRR) issued new guidance (the Administrative Guidance for Green, Sustainable, and Resilient Remediation) encouraging the use of green and sustainable remediation (GSR) and a focus on resiliency during the remediation…
EPA Finalizes Rule Removing De Minimis Exemptions, Subjecting Companies to Enhanced PFAS Reporting and Notification Requirements
We reported earlier this year that the Environmental Protection Agency’s (EPA) proposed rule would require stricter (1) reporting of perfluoroalkyl and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) and (2) supplier notification requirements. After receiving 36 comments, the…
State and Federal PFAS Litigation – 2019 to Q3 2023
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2023. We will continue to update these graphics on a quarterly basis.