Michigan Attorney General Dana Nessel joins a group of government officials to hire private law firms to pursue PFAS suits on a contingent basis, and Michigan becomes just the second state to extend the PFAS lawsuit statute of limitations. Per- and polyfluoroalkyl...
Can workers’ compensation carriers bring subrogation actions for payments made to firefighters allegedly made sick from exposure to PFAS? A number of states have adopted statutory presumptions that the cause of firefighters’ cancers is from exposure to a host of...
On November 7, 2020, Mansfield, Massachusetts voters approved spending $13.9 million for a new water project. The project is intended to address the town’s excess polyfluoroalkyl substances (“PFAS”) levels in public wells. Town Manager Kevin Dumas wants to start...
In 1976, Congress passed the Toxic Substances Control Act (“TSCA”). TSCA gives EPA the authority to require reporting, record-keeping and testing requirements, and restrictions relating to chemical substances and/or mixtures. In 2016, Congress passed the Lautenberg...
The U.S. Environmental Protection Agency (EPA) has introduced an interim strategy for regulating Per- and Polyfluoroalkyl Substances (PFAS) in stormwater and wastewater discharges through its national permitting system that promises to have far-reaching impacts on...
As 2020 comes to a close and we begin to discuss in earnest the potential impacts of a Biden-Harris administration on U.S. environmental policy, it is important to look at the current and potential PFAS consumer products regulations. While more movement has occurred...
In multidistrict litigation in South Carolina surrounding the alleged effects of PFAS-containing aqueous film-forming foam (AFFF) used in firefighting, the number of plaintiffs continues to grow and the short-term and long-term relief requested continues to evolve....
In a time when the Environmental Protection Agency’s general policy toward noncompliance has been one of restraint to account for the obstacles presented by COVID-19, the agency has nevertheless continued to move forward in an aggressive manner on regulation of Per-...
Another lawsuit has been brought in North Carolina against DuPont Co. and Chemours Co. founded upon the alleged release of per- and polyfluoroalkyl substances (PFAS) into the environment. The suit was filed within days of the news breaking that the Securities and...
Regulating bodies and regulated entities alike are feeling increasing pressure to act on PFAS, the “forever chemicals.” This pressure is coming from all angles as Congress, the courts, and the executive branch reckon with the continually growing and evolving...