We previously reported on the EPA‘s long-anticipated proposed rule to designate PFOA and PFOS as “hazardous substances” under CERCLA. The public comment period for the CERCLA PFAS proposed rule closed on November 7, 2022, and the EPA is now undertaking a review of the...
In June 2023, news outlets of all varieties reported on the proposed settlements by DuPont ($1.185 billion) and 3M (up to $12.5 billion) to resolve the water utility claims pending on the PFAS MDL in South Carolina. Both proposals were significant steps towards...
We previously wrote regarding a Michigan state court ruling that struck down Michigan’s PFAS regulations related to drinking water enforceable limits, with the ensuing appeal in December 2022 by the state. The state filed its legal brief at the end of February 2023...
2023 has proven to be an extremely busy year for states filing PFAS lawsuits seeking environmental pollution remediation costs from PFAS manufacturers and AFFF manufacturers. Illinois (February), Maine (April), Kentucky (April), and Rhode Island (May) were the latest...
As previously discussed in our recent reports, the Biden administration and the EPA have been emphasizing environmental justice, which includes a focus on Ethylene Oxide (EtO), an industrial solvent widely used as a sterilizing agent for medical equipment that cannot...
On June 2, 2023, DuPont, Chemours and Corteva ("DuPont entities") announced that they had created a $1.185 billion fund to which any water utility with detectable PFAS attributable to Dupont Entities. Contribution rates will be consistent with the binding Memorandum...
There are three significant EPA actions afoot related to PFAS that companies absolutely must pay close attention to and see as harbingers for aggressive EPA PFAS enforcement in the near future. An April 2023 PFAS-related Consent Order under the Clean Water Act,...
We reported extensively on the landmark legislation passed in Maine in 2021, which was at the time the most far-reaching PFAS ban in the United States. Last week, Minnesota passed an even broader PFAS ban bill for the state that will have enormous impacts on companies...
In February 2023, we wrote regarding a PFAS pollution lawsuit filed by Illinois against manufacturers of PFAS seeking damages for alleged contamination in the state. in April 2023, two other states – Maine and Kentucky – joined the fray, becoming the latest states...
Over two years ago, I wrote regarding significant updates to the Restatement of Torts that would permit medical monitoring claims even absent a present physical injury to the plaintiff(s). Now, with the American Law Institute poised to vote on the revised language...