Legal Resources
PFAS CERCLA Exemptions Movement Grows
We previously provided an update regarding the EPA’s notification to the White House Office of Management and Budget (OMB) that it intends to move forward with regulating PFOA and PFOS as “hazardous substances” under CERCLA. Given the enormous financial consequences...
SEC ESG Decision Set For March 21
On March 21, 2022, the Securities and Exchange Commission (SEC) will vote on a proposed rule for climate-relate disclosure statements for all SEC-registered companies. This will mark the first action by the SEC since it announced in 2021 that it intended to provide...
Washington PFAS Ban For Cosmetics Stalls
We previously provided an update on legislation in Washington state that was proposing to ban cosmetics that contained PFAS in the state. The Washington PFAS ban for cosmetics received considerable attention and passed the state Senate, but failed to make it out of...
Wisconsin PFAS Standards One Step Closer To Reality
The Wisconsin Department of Natural Resources' (WDNR) Natural Resources Board (NRB) recently voted to recommend to state leaders three PFAS-related regulatory steps, which will have significant impacts on companies in Wisconsin. The Wisconsin PFAS standards were hotly...
ASTM PFAS Standards Closer To Adoption By EPA
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...
L’Oreal PFAS Lawsuit Shows the Danger of ESG Marketing
For the second time in less than a month, L'Oreal finds itself embroiled in a PFAS lawsuit related to its mascara products. The L'Oreal PFAS lawsuit was filed in the New York federal court on March 9, 2022. Cosmetics and PFAS is a topic that saw increased scrutiny...
PFAS In Consumer Goods The Target In Washington
On March 10, 2022, a bill was sent to the Governor of Washington's desk that significantly accelerates the state's initiative to develop regulations for various consumer goods that contain PFAS. With increasing attention being given to PFAS in consumer goods in the...
PFAS Global 2022 Will Feature John Gardella
On March 24, 2022, John Gardella will be a featured speaker at the global conference "PFAS Global 2022", which is hosted by UK based Chemical Watch. John's presentation, "Overview of U.S. State Level Activities and Some Insights Into Asia Pacific", will examine:...
Cosmetics and PFAS: Lawsuit Alleges False Marketing
Cosmetics and PFAS is a topic that saw increased scrutiny from the scientific community, legislature, and the media in 2021. As we predicted in early 2021, the increased attention on the industry presented significant risks to the cosmetics industry, and our...
EtO Litigation and Risk Assessment
Our prior articles have focused on state and federal regulatory action with respect to cancer and Ethylene Oxide (EtO) emissions. Yet, private litigation private litigation in the tort system involving allegations of cancer development from exposure to EtO is a topic...
Prop 65 Lists PFOA As Carcinogen
As we wrote in December, 2021 saw several significant actions taken by the state of California with respect to PFAS - specifically, Prop 65 PFAS determinations for PFOS and PFNA. On February 25, 2022, another significant step was taken when the California Office of...
Bloomberg Speaks To John Gardella On PFAS Bill In Maine
Attorney John Gardella was recently interviewed by Pat Rizzuto, reporter for Bloomberg Law, for her article regarding a recent bill proposed in Maine that would restrict biosludge fertilizer from being used on farms, golf course and other properties if the biosludge...