On August 12, 2022, a cattle farmer in Livingston County, Michigan filed a PFAS lawsuit against a manufacturing company that allegedly contaminated the farmer's land with PFAS, which in turn contaminated the cattle that he relied on to sell for beef. Plaintiff Jason...
Toxic Tort
AFFF PFAS MDL Supplemental Briefing Filed With Court
On August 19, 2022, the parties in the AFFF PFAS MDL presented oral arguments to the Court in a long-awaited hearing on the government contractor defense. At the hearing, the Court requested supplemental briefing from the parties on the specific issue of what studies...
California Cosmetics PFAS Law Goes To The Governor
On August 23, 2022, a significant California cosmetics PFAS law passed the California Assembly and was sent to Governor Newsom's desk for signature this week. The bill would ban the use of any type of PFAS in cosmetic products in the state by 2025. With increasing...
PFAS CERCLA Designation Released Today By EPA
Today, the EPA released the long-anticipated proposed rule to designate PFOA and PFOS as "hazardous substances" under CERCLA. We previously reported as early as the Biden Administrations election campaign on the significance that the Administration placed on...
PFAS Drinking Water Standards Closer To Reality
On August 22, 2022, the Science Advisory Board (SAB) issued its final report to EPA Administrator Regan regarding an extensive review of thousands of documents provided by the EPA in support of its intention to propose drinking water limits for certain PFAS. The final...
PFAS CERCLA Designation Hits A Hurdle…For Now
Just a week ago, we reported that a significant step forward was taken in the effort to designate certain PFAS as "hazardous substances" under CERCLA when the White House Office of Management and Budget (OMB) approved the EPA's plan to designate PFOA and PFOA under...
PFAS AFFF MDL: Government Contractor Defense Updates
On August 19, 2022, the parties in the PFAS AFFF MDL presented oral arguments to the Court in a long-awaited hearing on the government contractor defense. If successful, the defense would significantly change the landscape of the PFAS litigation nationally. While...
Georgia PFAS Lawsuits Update
We previously reported on various Georgia PFAS lawsuits that allege drinking water pollution from the carpet manufacturing industry based in Dalton, Georgia (the “carpet capital of the world”). As we reported, the lawsuits named numerous downstream users of PFAS as...
PFAS Reporting Obligation For Companies Poised To Broaden
In July 2022, we reported on the EPA's issuance of a final rule adding five PFAS to the list of PFAS chemicals subject to the Toxics Release Inventory (TRI) reporting requirements. The total PFAS subject to the TRI now exceeds 170 separate PFAS. TRI reporting is an...
CERCLA PFAS Designation Major Step Forward
On January 10, 2022, the EPA submitted a plan for a PFAS Superfund designation to the White House Office of Management and Budget (OMB) when it indicated an intent to designate two legacy PFAS – PFOA and PFOS – as “hazardous substances” under the Comprehensive...










