Legal Resources
PFAS Risks and Construction Industry: Yes, EPA Actions Will Impact You!
We have repeatedly predicted that the EPA would seek to have at least two types of PFAS (PFOA and PFOS) designated as "hazardous substances" under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA, also known as the Superfund law)....
Greenwashing and the SEC: the 2022 ESG Target
A recent wave of greenwashing lawsuits against the cosmetics industry drew the attention of many in the corporate, financial and insurance sectors. Attacks on corporate marketing and language used to allegedly deceive consumers will take on a much bigger life in 2022,...
PFAS Superfund Designation: EPA’s Latest Step Starts 90 Day Clock
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 SAB Hearings Raise Questions Over EPA’s Science
For four days in December 2021 and January 2022, the Science Advisory Board (SAB) held hearings on issues related to the EPA's proposals to regulate two legacy PFAS - PFOA and PFOS - in drinking water. The PFAS SAB hearings were observers' first insights into the...
John Gardella Recognized Again As PFAS Thought Leader
For the second year in a row, Attorney John Gardella was recognized by the National Law Review as a thought leader on the subject of PFAS under the category of Environmental Law. "Every year the National Law Review team selects standout articles and authors from the...
Cosmetics and PFAS: Industry Lawsuits a Lesson For ESG
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...
PFAS In Products: ATSDR Cautions NH Residents
At the end of 2021, the Agency for Toxic Substances and Disease Registry (ATSDR) published a report regarding its findings and recommendations for residents in certain areas of Southern New Hampshire with respect to PFAS located found in private wells in the area....
John Gardella Invited To Speak At Prestigious Judicial Symposium On PFAS
John Gardella was invited to speak at the prestigious “Judicial Symposium on Scientific Methodology and the Admissibility of Expert Testimony“, organized by the George Mason School of Law for 150 invited judges from across the country. Mr. Gardella’s panel discussion...
EPA PFAS Testing Rule Finalized To End 2021
In February 2021, we reported on the EPA's action whereby it reissued the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) that would have required water systems of a certain size to collect samples for 29 PFAS substances substances over a 12-month period. On...
Prop 65 PFAS Activity Brings Change To End of 2021
December 2021 saw three significant actions taken by the state of California with respect to PFAS; specifically, Prop 65 PFAS determinations that may have significant impact on businesses. Two of the determinations will further increase risks to businesses of...
John Gardella To Speak At Dealmakers M&A Conference
Please join John Gardella on January 20, 2022 for the virtual Boston Dealmakers Conference. John will moderate a panel discussion of three prominent executives on the topic of "Navigating the Complexities of Today's M&A Environment." John and his guests will...
EPA PFAS Grouping Regulations Gather Additional Support
On December 28, 2021, the EPA issued a bulletin that directed PFAS manufacturers to provide several types of new data with respect to several types of PFAS, which will be utilized to assess further regulations needed to protect human health and the environment. The...