On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act ("Act"), a sweeping $1.2 trillion piece of legislation that advances some of President Biden's campaign promises into action. One component of the legislation is $10...
Environmental
EPA PFAS Drinking Water Limits May Be Much Lower Than Predicted
For many years, the question of the EPA PFAS drinking water limits centered on "when will the EPA set binding limits for PFAS in drinking water?" With the EPA's introduction of the PFAS Strategic Roadmap in October 2022, the question shifted away from "when" to "what...
Ethylene Oxide Legislative Updates
In our last report, we discussed the EPA’s increased activity with respect to Ethylene Oxide (EtO), which it considers a human carcinogen. As we discuss below, however, on the local level, many of the states are also legislating EtO emissions. The below are not the...
Vermont PFAS Settlement For Over $30 Million – Key Takeaways
On November 10, 2021, counsel for plaintiffs in a Vermont PFAS lawsuit filed a Memorandum In Support of Motion For Preliminary Approval of Class Action Settlement seeking Court approval of a settlement agreement of over $30 million to resolve claims of drinking water...
ASTM PFAS Changes Mean Significant Impact On Dealmakers
In June 2021, we predicted that the American Society for Testing and Material (“ASTM”) would revise its existing "gold standard" for environmental due diligence - the Phase I environment site assessment - to update certain definitions, recommended processes, and for...
John Gardella Interviewed By Bloomberg On PFAS and Soil Issues
Attorney John Gardella was recently interviewed by Tripp Baltz, reporter for Bloomberg Law, for his article regarding recent state-level PFAS soil remediation standards, the impacts of these standards on corporate liability, and the possibility of federal soil...
PFAS Updates: 3M’s Domestic and International PFAS Issues
Three recent PFAS issues have directly impacted 3M, one of the historic manufacturers of certain PFAS chemicals, both domestically and internationally. In the United States, the PFAS updates for 3M include two settlements to end litigation regarding 3M's alleged...
John Gardella Interviewed By Bloomberg On PFAS
Attorney John Gardella was recently interviewed by Pat Rizzuto, reporter for Bloomberg Law, for her article regarding changes that appear to be coming to the Restatement (Third) of Torts with respect to explicit support for medical monitoring lawsuits, even in the...
EPA One Step Closer To Regulating PFAS Under Superfund Law
Earlier today, the EPA announced that it will begin work to add four types of PFAS to the Resource Conservation and Recovery Act's (RCRA) Hazardous Constituent List. Once the EPA completes the process to add certain PFAS to the RCRA list, those PFAS would...
GenX PFAS Toxicity Assessment By EPA – Are Businesses At Risk?
Earlier today, the EPA released its final human health toxicity assessment for GenX chemicals, part of the family of PFAS that have received substantial attention in the media in recent years. The GenX PFAS toxicity assessment is one of the key goals of the EPA's PFAS...









