PFAS & Emerging Contaminants
PFAS Litigation Update: Court Denies Summary Judgment to AFFF Manufacturers
On September 16, 2022, Judge Richard M. Gergel of the U.S. District Court of South Carolina denied aqueous film forming foams (AFFF) manufacturers’ motion for summary judgment based on the government contractor indemnity defense in a multi-district litigation (MDL) currently pending against 3M Company, Tyco Fire Products LP, Chemguard Inc., National Foam, Inc., Buckeye Fire…
Developments in Regulation of PFAS
Per- and poly-fluoroalkyl substances (PFAS) continue to emerge, so to speak, as a focus of regulatory attention on many levels: health, environmental remediation, and manufacturing. Below, we discuss some of the more recent developments affecting this ubiquitous class of chemicals. Nicknamed “forever chemicals,” PFAS are a family of chemical compounds with a wide range…
New York State Adopts Drinking Water Standards for Three Emerging Contaminants
New York State has considered the imposition of Maximum Contaminant Levels (“MCLs”) for the emerging contaminants 1,4-dioxane, perfluorooctanoic acid (“PFOA”) and perfluorooctanoic sulfonate (“PFOS”) for almost three years, since September 2017 when the Governor announced the creation of a Drinking Water Quality Council to make recommendations. Following the publication of proposed rules and a later…
EPA Issues New Management Standards for Hazardous Waste Pharmaceuticals
Earlier this year, the U.S. Environmental Protection Agency promulgated new management standards for generators of hazardous waste pharmaceuticals pursuant to the Resource Conservation and Recovery Act (RCRA). These new streamlined requirements for the accumulation, storage, and ultimate disposal of pharmaceuticals that are subject to RCRA, are meant to provide clarity and consistency regarding how generators…
EPA Announces “Action Plan” for Per- and Polyfluoroalkyl Substances (PFAS)
On February 14th, the U.S. Environmental Protection Agency (EPA) introduced its PFAS Action Plan to better understand PFAS chemicals and the extent of existing contamination, prevent future contamination, and more effectively communicate with the public regarding PFAS and associated health and environmental risks. PFAS, a group of chemicals created in the 1940s, exist in a…
Emerging Contaminants Update: New Federal Report Highlights PFAS Risks as New York State Court Certifies Class Action for PFAS Groundwater Contamination
By Jonathan Kalmuss-Katz For decades, per- and polyfluoroalkyl substances (“PFAS”) have been widely used in industrial processes and consumer products, including non-stick cookware, strain resistant fabrics, and firefighting foams. PFAS have emerged as a focus of regulatory concern only in recent years, however, as new studies have detected PFAS in groundwater and drinking water supplies…
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