Textile Industry Targeted as a Major Contributor to PFAS Pollution

November 22, 2022

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Of Counsel Michael Blumenthal (Cleveland) was quoted by the International Fiber Journal on November 16, 2022. He discussed his predictions for PFOA and PFOS.

Michael Blumenthal, an attorney with McGlinchey Stafford PLLC, said to Bloomberg Law that if PFOA and PFOS are classified as hazardous waste, “landfills will have no choice but to go after industries that contributed the chemicals.”
“There will be so much litigation,” he added.

Insights

Alert

EPA PFAS Enforcement Has Begun

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.

Environmental Law Alert

PFAS in the Food and Beverage Industry: The EPA’s Next Target

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.

Alert

EPA Sets PFAS Enforcement Sights on Manufacturing Industry

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.

Presentation

PFAS – The Coming Storm

March 28, 2023

Of Counsels Michael Blumenthal, David Waxman, and Associate Jessica Johnson from McGlinchey's Cleveland Office will present "PFAS – The Coming Storm" to the Association of Corporate Counsel on Tuesday, March 28, 2023.

Alert

EPA’s New PFAS Drinking Water Regs: Are You Prepared?

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.

In the Media

Misunderstood: The Excise Tax No One Likes or Understands — A Conversation with Douglas Charnas and Richard E. Engler, Ph.D.

October 13, 2022

Member Douglas Charnas (Washington, DC) was interviewed on the All Things Chemical® Podcast on October 13, 2022. He discussed the Superfund Tax, which entities the tax applies to, how to identify taxable chemicals and the difference between taxable chemicals and taxable substances.

Published Article

Reinstatement of the Hazardous Substance Superfund Financing Rate on Crude Oil and Petroleum Products: Should We Care?

October 20, 2022

The Inflation Reduction Act of 2022 has reinstated the Hazardous Substance Superfund Financing Rate at 16.4 cents per barrel on crude oil and petroleum products. Should chemical distributors care? The general answer is yes. This article provides background on the reinstated rate and how chemical distributors will be affected by its reinstatement, effective January 1. 2023.

In the Media

Superfund Oil Tax May Face Fewer Implementation Hurdles Than Chemical Tax

August 19, 2022

Congress’ reinstatement of the Superfund tax on crude oil and petroleum-product imports is likely to have a more straightforward implementation process than the related tax on chemicals, Member Douglas Charnas (Washington, DC) told Inside EPA.

In the Media

‘Buckle Up’ for PFAS Regulation, Litigation in 2022, Lawyers Say

December 29, 2021

Cleveland attorney and former environmental prosecutor Michael Blumenthal was quoted in a December 29 Bloomberg Law article on upcoming federal moves over the next year to reduce and control “forever chemicals.”