PFAS

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The regulation of per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” was a focal point for the Biden administration. In April 2024, the administration, through the U.S. Environmental Protection Agency (EPA), issued two key PFAS rules. The first set nationwide drinking water standards, or maximum contaminant levels (MCLs), for six types of PFAS, and the second designated PFOA and PFOS, and their salts and structural isomers, as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both rules are currently being challenged in court, although no judicial stays were requested or are in place.

On April 19, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of the long-awaited final rule designating two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA). This final rule comes right on the heels of EPA’s April 8…

On April 8,  U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan signed a final rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act (SDWA). The final rule, which will become effective 60 days after publication in the Federal Register, sets individual maximum contaminant levels…

On October 18, U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention submitted a final rule for publication in the Federal Register, amending 40 CFR Part 372, involving reporting requirements for per- and polyfluroalkyl substances (PFAS) and supplier notifications for chemicals of special concern. The rule becomes effective 30 days after publication and applies to the reporting year 2024, with reports due July 1, 2025.

Michigan Attorney General (AG) Dana Nessel has filed suit against the Gerald R. Ford International Airport Authority to enforce demands by the Michigan Department of Environment, Great Lakes, and Energy (EGLE) related to alleged per- and polyfluoroalkyl substance (PFAS) contamination of the regional drinking water supply caused by the airport authority.

Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and polyfluoroalkyl substance (PFAS) contamination and is seeking to intervene in their litigation.

On August 7, California Attorney General Rob Bonta led a coalition of five state attorneys general (AGs) in filing an amicus letter concerning a proposed class action settlement between DuPont, Chemours, and Corteva, and water providers for $1.185 billion. The AGs contend the settlement amount is far too low given the scope of environmental contamination and health impacts caused by Dupont’s decades-long manufacture and sale of per- and polyfluoroalkyl substances (PFAS) compounds.

A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are suing the company over alleged per- and polyfluoroalkyl substance (PFAS) contamination.