Legal Resources
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...
PFAS Legislative Developments (July 2022)
July 2022 PFAS Legislative Developments July Legislation Tracking (July 1, 2022 – July 31, 2022)Current Trends in Legislation – July 2022PFAS Monitoring and Fund Appropriations Federal Level Key point addressed: Provide appropriations for Clean water standards and...
Isophorone Latest Chemical To Watch For Litigation Risk
As our society becomes increasingly aware of potential hazards in the products that we as a collective encounter on a regular basis, legal action is sure to follow. The World Health Organization’s (WHO) International Agency for Research on Cancer (IARC) currently has...
John Gardella Interviewed On PFAS By GreenBiz
John Gardella was recently interviewed for a GreenBiz article titled "What Businesses Should Know About Colorado's New Forever Chemicals Ban." The author, Meg Wilcox, details a recent legislative ban passed in Colorado on PFAS in various consumer products, and...
PFAS Health Advisories Under Legal Attack…Again
On June 15, 2022, the EPA issued Health Advisories (HAs) for five specific PFAS, including PFOA and PFOS. On July 29, 2022, the American Chemistry Council filed a petition in the Court of Appeals for the District of Columbia challenging the validity of the EPA’s PFOA...
NAS PFAS Report Will Influence Lawsuit Trends
Today, the National Academy of Science (NAS) released a long-awaited report on its multi-year assessment of PFAS scientific literature and its findings with respect to correlations between PFAS exposure and human health, recommendations for treatment providers for...