Legal Resources
States and NGOs Fight Back Against Asbestos Petition Denied By EPA
Last week, we reported on the Environmental Protection Agency's (EPA's) apparent about-face on its position as to whether it has sufficient information from companies regarding asbestos use in order to determine whether further limitations should be places on the...
As PFAS Regulation Looms, Life Cycle Analysis Can Help Businesses Evaluate Risk
In a time when the Environmental Protection Agency’s general policy toward noncompliance has been one of restraint to account for the obstacles presented by COVID-19, the agency has nevertheless continued to move forward in an aggressive manner on regulation of Per-...
Supreme Court’s Superfund Ruling Will Significantly Impact PFAS Litigation
In April 2020, the U.S. Supreme Court issued a split decision in which the Justices held that he Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) does not preclude a landowner's right to assert state law claims like nuisance and trespass...
Maine PFAS Consumer Products Law Is First Of Its Kind
On July 2, 2020, Maine became the first state in the United States to require manufacturers and distributors of children's products that contain PFOS and that are sold in Maine to follow strict reporting requirements. This is an unprecedented piece of legislation...
One-Two Punch: Businesses Must Fight the Virus and Possible Liability Claims
After several weeks in lockdown and thousands of business closures in an attempt to control the spread of the novel coronavirus, businesses are finally reopening their doors. Given the high transmission of COVID-19, businesses should consider their risks of legal...
PFAS Federal Legislation Proposed
On the heels of several other pieces of proposed PFAS legislation recently, U.S. Senators Richard Blumenthal (D-CT) and Jeanne Shaheen (D-NH) and U.S. Representatives Elissa Slotkin (D-MI) and Mike Turner (R-OH) introduced legislation on July 7, 2020 that aims to...
PFAS Industrial Stormwater Requirement Sought By MA
Three states (Massachusetts, Colorado, and New Mexico) asked the EPA to require permitted industrial facilities to monitor PFAS in their stormwater discharges and to develop practices intended to minimize the potential for PFAS to be introduced into stormwater. This...
Federal PFAS Bill Proposed Just Days After Firefighting Gear Study Released
Yesterday, we reported on a new study released that suggests that the personal protective gear (PPE) that firefighters wear when combating fires may be a source of PFAS exposure to the firefighters who wear the turnout gear. The article, “Another Pathway for...
New Study Argues PFAS Risk From Firefighting Gear
While the issues regarding aqueous film forming foam (AFFF), the fire suppressant material widely used by fire departments nationwide and globally, have been studied for years, a June 2020 scientific article argues that firefighters may be at risk for PFAS exposure...
PFAS “Essential” Versus “Non-Essential” Use Debate Preview
We recently reported on the EU's European Commission's plan to develop and implement an action plan regarding the use of PFAS in Europe. They key takeaway from the European Commission's stated plans for a future proposal is that the commission may try to enact...
EPA Signals Additional PFAS Activity In Federal Report
On June 30, 2020, the federal government released its Spring Unified Regulatory Agenda (SURA), which provides uniform reporting of data on regulatory and deregulatory activities under development throughout the Federal Government, covering approximately 60...
EPA’s About-Face On Asbestos Regulatory Position
On June 30, 2020, the federal government released its Spring Unified Regulatory Agenda (SURA), which provides uniform reporting of data on regulatory and deregulatory activities under development throughout the Federal Government, covering approximately 60...