Court Certifies Huge Class in Landmark PFAS Suit, Eyes Possible Expansion

By CHRISTIAN RICHTER, JEFF HANNAPEL; NASF/THE POLICY GROUP A federal court recently certified all Ohio residents who have small amounts of per- and polyfluoroalkyl substances (PFAS) in their blood as a class eligible to pursue a suit against chemical manufacturers, while leaving the door open for residents of other states to be included.  The suit, Kevin […]

PFAS Superfund Designation: EPA’s Latest Step Starts 90 Day Clock

On January 10, 2022, the EPA submitted a plan for a PFAS Superfund designation to the White House Office of Management and Budget (OMB) when it indicated an intent to designate two legacy PFAS – PFOA and PFOS – as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA, also known as the Superfund […]

EPA Announces Plans for Waste Rules That Could be a Stepping Stone to Drastically Expanding PFAS Liabilities

Vinson & Elkins LLP EPA announced plans for two separate rulemaking processes that would expand liabilities for PFAS wastes. The first — a rulemaking process to add certain PFAS chemicals as “hazardous constituents” under the Resource Conservation and Recovery Act (“RCRA”) expands remedial obligations to include PFAS at RCRA corrective action sites and could be […]

EPA Issues Fall Regulatory Agenda Confirming Timelines in the PFAS Strategic Roadmap

In the Fall Regulatory Agenda issued December 10, EPA confirmed its timetable for short-term objectives in its PFAS Strategic Roadmap. The deadlines in the semi-annual agenda include finalizing this month the requirement for public water systems to monitor and report data on 29 PFAS (including certain fluorotelomers and GenX compounds), proposing the designation of PFOS […]

PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024

On October 18, 2021, EPA Administrator Michael S. Regan announced the agency’s PFAS Strategic Roadmap—laying out a whole-of-agency approach to addressing PFAS. The roadmap sets timelines by which EPA plans to take specific actions and commits to bolder new policies to safeguard public health, protect the environment, and hold polluters accountable. The actions described in […]

Waterhouse emphasizes EPA’s PFAS, environmental justice priorities in Senate confirmation hearing

Published Sept. 16, 2021 Dive Brief: Carlton Waterhouse, the nominee for U.S. EPA’s Office of Land and Emergency Management (OLEM) assistant administrator, said the agency is working “as quickly as we can” to designate certain PFAS chemicals as hazardous substances. He named PFAS management among his top priorities during a Senate confirmation hearing on Wednesday. […]