PFAS Environmental Regulatory Developments (So Far) in 2024

2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities. CERCLA On April 19, 2024, the EPA issued a final rule under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The…

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EPA Broadens Efforts to Address PFAS Contamination in Water Bodies

The Environmental Protection Agency (EPA)’s efforts to address contamination by per- and poly-fluoroalkyl substances (PFAS) continue to rapidly evolve. Although federal efforts were initially focused on PFAS in drinking water, EPA has recently begun to address PFAS in a wider variety of sources, including wastewater and stormwater. In April of this year, EPA brought its…

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Recent Developments in PFAS Regulation

The regulation of per- and poly-fluoroalkyl substances (PFAS) continues to rapidly evolve at the New York State and federal levels. As further detailed in SPR’s prior blog post on this issue, PFAS are a family of chemical compounds with unique properties allowing them to withstand extreme temperatures, resist degradation, stains, and grease, and adopt nonstick…

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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…

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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…

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NYS Department of Environmental Conservation Proposes Revisions to Part 375 Remedial Programs

On December 22, 2021, the New York State Department of Environmental Conservation (DEC) issued a Notice of Proposed Rulemaking to amend the Environmental Remediation Program regulations at 6 NYCRR Part 375. The notice states that the proposed amendments are designed to implement the 2015 statutory amendments to the brownfield cleanup program (BCP); enhance requirements pertaining…

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