On January 20, 2022, the National PFAS Contamination Coalition, Sierra Club, and Union of Concerned Scientists (collectively the “Coalition”) filed a complaint in the District Court for the District of Columbia challenging two final rules promulgated by EPA related to TRI PFAS Reporting. Specifically, the Coalition asserts that two rules violate the National Defense Authorization […]
Since January 2022, many states have passed and proposed dozens of laws regulating PFAS substances. These legislative efforts address topics including setting drinking water standards for PFAS, banning PFAS in consumer products, banning or restricting the use of firefighting foams containing PFAS, and adding PFAS substances to toxic and hazardous substances lists. Virginia and Washington […]
On January 28, EPA announced the addition of four per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list. These additions were prompted by the fiscal year 2020 National Defense Authorization Act (NDAA). Section 7321 of the NDAA provides a framework for adding PFAS to the TRI. Specific PFAS were added to the […]
On December 28, 2021, EPA announced that the Agency was granting a petition from several North Carolina public health and environmental justice organizations to require companies to conduct health and toxicity testing of certain PFAS. In its announcement, EPA explained that the petitioners’ request “plays a key role in advancing the Agency’s plans for a […]
New Jersey litigation against Dupont, Chemours, Corteva, and 3M over PFAS contamination will proceed following a federal district court ruling on a 3M motion to dismiss in December 2021. The case involves contamination of four different sites in New Jersey, two of which were at issue in the motion to dismiss — 3M is not […]
EPA’s Office of Inspector General (OIG) has informed the Office of Chemical Safety and Pollution Prevention (OCSPP) that it will audit EPA’s process for conducting reviews of new TSCA chemicals (i.e., substances submitted to the Premanufacture Notification (PMN) and PMN exemption processes). This is a self-initiated audit to accomplish OIG’s oversight plan for fiscal year […]
On December 20, 2021, EPA released a draft TSCA Systematic Review Protocol. In its announcement on the new Protocol, the Agency explained that the Protocol will strengthen EPA’s approach to reviewing and selecting the scientific studies that are used to inform TSCA Risk Evaluations and ensure that EPA has the best tools under TSCA to protect […]
The Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 429 (November 15, 2021) reinstated the excise taxes imposed on certain chemical substances to help clean up hazardous waste sites (“the Superfund tax”). Section 80201 of the IIJA identified more than 40 chemicals subject to the tax and the rates at which those […]
On February 24, 2022, EPA announced that is revoking the process for correcting the substance identities of substances that were incorrectly described when they were listed on the initial TSCA Inventory in 1978. Guidelines for Inventory correction were published in 1980 when the Agency recognized that a number of the substances reported to the initial […]
Roundup has been the subject of countless lawsuits. One critical case is Monsanto v. Hardeman, 21-241. Bayer has petitioned the U.S. Supreme Court for relief. Recent Court action suggests that the Supreme Court might hear the case. In December the U.S. Supreme Court solicited the Biden administration’s opinion on whether to hear Bayer AG’s appeal of […]
