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The Environmental Protection Agency (EPA) has finalized reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). In accordance with obligations under TSCA, the EPA is requiring any person that manufactures (including import) or has manufactured (including imported) PFAS or PFAS-containing articles in any year since January 1, […]

On May 8, 2024, the U.S. Environmental Protection Agency published its Final Rule designating two per- and polyfluoroalkyl substances (PFAS) — perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) — as hazardous substances. The designation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) takes effect on July 8, 2024. Key Impacts of EPA’s PFAS […]

The U.S. Environmental Protection Agency (EPA) continues to take significant action regarding the regulation of per- and polyfluoroalkyl substances or PFAS. On April 19, 2024, the EPA released its Final Rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which will allow EPA to use the […]

Parties involved in a civil enforcement matter by the U.S. Environmental Protection Agency (EPA) could soon find themselves facing even more serious criminal liability. On April 17, 2024, the EPA’s Office of Enforcement and Compliance Assurance announced a new “Strategic Civil-Criminal Enforcement Policy” (Policy). The Policy is effective immediately and applies to all civil and […]

The Environmental Protection Agency (EPA) continues to advance its regulatory agenda for per- and polyfluoroalkyl substances, better known as PFAS. On April 9, 2024, the agency published an updated “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances.” According to the EPA, the updated guidance […]

On April 10, 2024, the Environmental Protection Agency (EPA) finalized the first federal regulation limiting the amount of certain per- and polyfluoroalkyl substances, known as PFAS, found in drinking water. The final National Primary Drinking Water Regulation (NPDWR) establishes drinking water standards for six PFAS, with compliance phased in over the next several years. EPA’s Efforts […]

The EPA recently finalized its Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances… On October 11, 2023, the Environmental Protection Agency (EPA) finalized its Toxic Substances Control Act Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (Final Rule). In accordance with obligations under the Toxic Substances Control Act (TSCA), […]

On September 7, 2022, the Environmental Protection Agency (EPA) announced that it is adding the Lower Hackensack River in Bergen and Hudson counties to the Superfund National Priorities List (NPL). On September 7, 2022, the Environmental Protection Agency (EPA) announced that it is adding the Lower Hackensack River in Bergen and Hudson counties to the […]

The U.S. Supreme Court is poised to provide much-needed clarity regarding how to determine whether a body of water is subject to federal jurisdiction under the Clean Water Act (CWA)… The U.S. Supreme Court is poised to provide much-needed clarity regarding how to determine whether a body of water is subject to federal jurisdiction under […]

On December 7, 2021, the U.S. Environmental Protection Agency and the Department of the Army announced a proposed rule to revise the definition of “waters of the United States.”  On December 7, 2021, the U.S. Environmental Protection Agency and the Department of the Army announced a proposed rule to revise the definition of “waters of the United […]

The EPA recently announced a $1 billion investment from the Bipartisan Infrastructure Law to initiate clean-up and clear the backlog of 49 previously unfunded Superfund sites and accelerate cleanup at dozens of other sites across the country. On December 17, 2021, the U.S. Environmental Protection Agency (EPA) announced a $1 billion investment from the Bipartisan […]

EPA finalized a rule that aims to improve transparency and establish consistent procedures for the issuance of agency guidance documents… The U.S. Environmental Protection Agency (EPA) recently finalized a rule that aims to improve transparency and establish consistent procedures for the issuance of agency guidance documents. The Final Rule was drafted in response to President Donald […]