PFAS Mitigation Strategies and the Regulatory Environment

April 24, 2024

On April 17, 2024, the EPA issued a Pre-Publication Notice that it was submitting a final rule for publication in the Federal Register, designating two types of PFAS as “hazardous substances” under CERCLA.

April 16, 2024

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS) in drinking water. 

January 30, 2024

Of Counsel Michael Blumenthal (Cleveland) was interviewed in "Legal Brief: The Skinny on CERCLA, Superfund, Chevron, and the U.S. Supreme Court" in 3E.

February 1, 2024

McGlinchey Stafford is pleased to announce Of Counsel David Waxman has been selected to serve as the Environmental Committee Vice Chair of the American Bar Association (ABA) Real Property, Trust and Estate Law Section's Land Use and Environmental Group.

January 16, 2024

Of Cousel Michael Blumenthal (Cleveland) and Member and Co-Chair of McGlinchey's Cannabis group Heidi Urness (Seattle) published an article in Food Safety Magazine focusing on the potential risks regarding per- and polyfluoroalkyl substances (PFAS) in the cannabis industry and the need for state-level regulations.

January 3, 2024

The case of Hardwick v. 3M, a Per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history.

December 6, 2023

In recent weeks, the U.S. Environmental Protection Agency (EPA) released the draft 2023 Environmental Justice Guidance Document (Guidance), a revision of the EPA’s “Technical Guidance for Assessing Environmental Justice in Regulatory Analysis.”

November 29, 2023

A presentation by Michael Blumenthal during the International Elastomer Conference was covered extensively in Rubber News. The conference, which took place in Cleveland on October 17, 2023, was hosted by the Rubber Division of the American Chemical Society.

July 12, 2023

The U.S. Environmental Protection Agency is rolling out a robust enforcement program aimed at wastewater treatment plants and other wastewater operations for potential contamination based on Section 301 of the Clean Water Act (CWA).

July 6, 2023

The EPA has recently finalized the addition of nine per- and polyfluoroalkyl substances (PFAS) to the Toxic Release Inventory (TRI) reporting program. This change came ahead of the annual July 1st deadline for submitting TRI reports.

June 28, 2023

Per- and polyfluoroalkyl substances (PFAS) are a class of man-made chemicals used in various industries, such as food packaging, cosmetics, and household products. More than 10,000 chemical substances can be classified as PFAS in the United States. However, despite their broad use, several studies have identified potential health risks associated with these chemicals.

June 22, 2023

On June 13, 2023, The Environmental Protection Agency (EPA) released its Spring 2023 Unified Agenda, which pushes back the estimated publication of a final rule designating certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Specifically, the final rule on PFAS CERCLA designation for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) has been delayed from August 2023 to February 2024.

May 30, 2023

The U.S. Environmental Protection Agency (EPA) says it has taken its first-ever Clean Water Act (CWA) enforcement action against water pollution by so-called “forever chemicals” from a West Virginia chemical plant. On April 26, 2023, EPA Ordered Chemours Co., owner of Washington Works near Parkersburg, West Virginia, to take action aimed at reducing the levels of perfluoroalkyl and polyfluoroalkyl substances (PFAS) the facility discharges into the Ohio River.

April 12, 2023

The food and beverage industry faces a growing concern regarding per- and polyfluoroalkyl substances (PFAS), a group of synthetic chemicals that studies have shown may demonstrate adverse effects to health and the environment. As enforcement and litigation increase, these industries must understand the potential impacts to their businesses. This is especially true as PFAS are scheduled to become a “Hazardous Substance” under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) in August of 2023.

April 10, 2023

PFAS are dominating the environmental health news cycles by the destruction and irreparable harm they cause to people and the environment. These substances have been found to pose significant health risks, including cancer, thyroid disease, and immune system disorders.

March 20, 2023

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) proposed the first national drinking water standard for so-called “forever chemicals” including PFAS. The unprecedented move by EPA is likely to create an exponential increase in litigation.