PFAS Playbook

In an Agricultural Business Council of Kansas City article titled "Digging Deeper - PFAS in Agriculture: What Agri-Business Sector Needs to Know about the Latest Emerging Contaminants," Lathrop GPM attorneys Ally Cunningham, Jessie Rosell, Matt Walker, and Shanna McCormack discuss the EPA's and USDA's proposed classifications and guidelines for PFAS. These changes can impact a variety of agricultural operations, from the management and application of biosolids and pesticides to federal aid payments received by dairy farmers for PFAS contamination, and updated drinking ...

Julia Gowin and Nilo Karbassi recently contributed to a roundtable discussion with the Los Angeles Times on trends in the beauty, fashion and consumer goods industries. At the top of that list is the recent legislation passed in California to prohibit the sale of cosmetic products containing intentionally added PFAS. Also of note, on August 30, 2022, the California assembly passed a bill that would prohibit intentionally added PFAS in apparel (we will be closely watching that development). With a current upward trend in class-action litigation within the beauty product industry ...

On August 12, 2022, the Office of Management and Budget (OMB) completed its review of the EPA’s proposed rule to list two per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). In doing so, the OMB changed its designation of the proposed rule to “economically significant,” which will now require the EPA to conduct a regulatory impact analysis (RIA) – including consideration of the rule’s potential costs and benefits – before the rule takes effect.

The ...

On May 18, 2022, the United States Environmental Protection Agency (“EPA”) announced that it has added five per- and polyfluoroalkyl (PFAS) compounds to its Regional Removal Management Levels (RMLs) and Regional Screening Levels (RSLs), a set of non-enforceable standards used to evaluate whether further action at a site is necessary. The RSLs and RMLs now include a total of six PFAS chemicals. The additions come as a part of EPA’s PFAS Roadmap launched in 2020. The PFAS Roadmap, developed by the EPA Council on PFAS, focuses around three central directives: (1) Research; (2 ...

Ally Cunningham, Jessie Rosell and Matt Walker recently contributed to The Franchise Memorandum where they discuss the recent wave of consumer-product class actions involving PFAS against quick-service restaurant franchisors. These lawsuits allege that the restaurants misrepresented the safety and quality of their food in advertising statements because the packaging was coated with PFAS, which plaintiffs contend can leach into the food and potentially cause harm to human health. To view the post, click here. 

EPA’s recent rulemaking to promulgate the new ASTM E1527-21 standard received substantive adverse public comments that will likely require EPA to go through a full notice and comment rulemaking instead. Because EPA received adverse comments, it withdrew the proposed direct-to-final rule before the effective date, and will likely have to go through conventional rulemaking to promulgate the new ASTM E1527-21 standard.

Phase 1 Environmental Site Assessments (ESAs) are an integral part of environmental due diligence for real estate transactions because sellers, lenders, and ...

Our award-winning PFAS group (yes, we really are award-winning) is known for frequently writing and speaking on various PFAS topics and sharing insights with businesses in different industry sectors. The past two months have been no different. Here are some highlights we want to make sure you don’t miss:

• Matt Walker presented on PFAS Updates for the Environmental Practitioner at the Illinois State Bar Association's 20th Annual Environmental Law Conference on May 13. The presentation offered an in-depth look at the proposed RCRA federal rulemaking and proposed Illinois ...

A multi-year investigation into Michigan’s wastewater treatment plants led to a recent discovery—PFAS chemicals made their way into Michigan’s beef supply. While PFAS contaminations have occurred in isolated beef populations in states like New Mexico, this was the first occurrence in Michigan.

What’s the concern? Accumulation in humans.

PFAS are a class of man-made compounds that are used to create fluoropolymer coatings which make products resistant to heat, oil, stains, grease, and water. Their pervasiveness results in countless sources of PFAS contamination ...

Earlier this month, the Wisconsin State Natural Resources Board (NRB) moved to regulate the two most widely studied PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), in both drinking water and surface water within the state. Unlike some other states that have moved to adopt aggressive standards for groundwater such as Michigan, however, the Board declined to set limits on PFAS in groundwater. The Wisconsin Board’s decisions come in the context of broader federal PFAS regulation by the United States Environmental Protection Agency ...

PFAS, also known as the “forever chemicals”, are a group of man-made compounds whose potential presence in cosmetics and other personal care products have drawn the scrutiny of academic institutions, legislators, and consumers alike. The heightened attention over their use in a variety of consumer products, including cosmetics for texture and consistency, and for effects on skin, such as smoothing or conditioning, have led to state laws banning the sale of such products containing PFAS and class action lawsuits over their marketing claims.

PFAS content in cosmetics has ...