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PFAS Playbook

Three northeastern states are among those that have recently taken legislative action to address PFAS in consumer products and the environment. Maryland recently banned 13 different PFAS and their salts from being sold in cosmetic products within the state. Vermont recently passed an even stricter law prohibiting the sale of several categories of commercial products containing PFAS. Finally, Maine has established a limit of 20 parts per trillion for six types of PFAS found in drinking water, well below EPA’s 70 parts per trillion advisory level for PFOS and PFOA, while also ...

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Lathrop GPM Environmental & Tort Partner Ally Cunningham, along with Insurance Recovery attorneys Sarah Lintecum and Alana McMullin, recently co-authored the article “Cos. Should Review Insurance Policies for PFAS Coverage” in Law360.

The article addresses recent changes by the EPA and other governing bodies to regulate PFAS, including the proposal of an EPA Council on PFAS. The article also discusses the impact these changes may have on companies with PFAS responsibilities, how companies should prepare, and the role insurance coverage may play when found liable ...

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Join us on June 9 at 1:00pm CT for a virtual presentation on “PFAS Environmental and Insurance Considerations: What You Need to Know.” This is part of our annual State of Litigation three-part webinar series, beginning June 9 and concluding June 23. We will kick things off with our PFAS presentation. Register for one or all three sessions at https://bit.ly/2Sd8oBd.

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On April 27, 2021, new EPA Administrator Michael Regan issued a memorandum calling for the creation of a council composed of senior EPA officials dedicated to addressing nationwide impacts from Per- and Polyfluoroalkyl Substances (PFAS). In the memo, which can be read here, Administrator Regan directs the newly formed EPA Council on PFAS (“ECP”) to:

  • Develop “PFAS 2021-2025 — Safeguarding America's Waters, Air and Land,” a multi-year strategy to deliver critical public health protections to the American public based on EPA’s review of all ongoing actions and ...
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Members of Congress are renewing legislative efforts to impose new limitations on per- and polyfluoroalkyl substances (“PFAS”). Announced by lawmakers from Michigan on April 13, the PFAS Action Act of 2021 would impose several significant restrictions upon the use, disposal, and clean-up of PFAS. Among other items, the Act would:

  1. Create nationwide drinking water standards for two of the most widely studied types of PFAS, PFOA and PFOS
  2. Require EPA to designate PFOA and PFOS as “hazardous substances” under CERCLA within one year, and determine whether to list all other PFAS ...
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United States Senator, Kristin Gillibrand (D-NY), along with other House and Senate Democrats, recently announced new legislation targeted at addressing per- and polyfluoroalkyl substances (“PFAS”) contamination. The proposed PFAS Accountability Act, which has not yet been released, would establish a federal cause of action allowing individuals who have been exposed to PFAS to sue companies that manufacture or use the chemicals. Senator Gillibrand’s legislation will also provide legal pathways for federal courts to set up medical monitoring programs for ...

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On March 19, 2021, the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (“OEHHA”) announced that it intends to list perfluorooctanoic acid (“PFOA”) as a chemical known to the state to cause cancer under the Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”).[1] For several years now PFOA has been included on the Prop. 65 list as a chemical known to cause reproductive toxicity, but this proposed change would list PFOA as a chemical “known to cause cancer.”

The change in language means that any ...

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On March 17, 2021, the United States Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) seeking data concerning discharges of per- and polyfluoroalkyl substances (PFAS) from manufacturers regulated in the Organic Chemicals, Plastics and Synthetic Fibers (OCPSF) point source category to inform potential future revisions to the category’s wastewater discharge requirements, fulfilling a pledge made in in the Final Effluent Guidelines Program Plan 14 issued earlier this year.

EPA’s ANPRM suggests EPA is considering ...

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Posted in Drinking Water

Illinois is now the most recent state to take steps to address PFAS in drinking water. The Illinois Environmental Protection Agency (Illinois EPA) recently released non-enforceable Health Advisory Levels (HAL) for four different PFAS, including PFOA (one of the more prevalent and widely studied type of PFAS). Although a non-enforceable guidance level, Illinois EPA’s HAL for PFOA is among the lowest standards in the country at 2 parts per trillion (ppt), well below the 70 ppt HAL set by the U.S. Environmental Protection Agency.

What does this mean for Illinois businesses? Expect ...

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February 22 brought another significant development in the world of PFAS, as EPA finalized its decision to regulate levels of PFOS and PFOA in drinking water under the Safe Drinking Water Act (SDWA). To date, EPA has only issued non-enforceable health advisory guidelines, but this new determination means EPA will initiate the scientific review process to propose Maximum Contaminant Levels (MCLs) and Maximum Contaminant Level Goals (MCLGs) for PFOA and PFOS within two years. For more details, read our legal alert here.

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About this Blog

Lathrop GPM has deep experience developing regulatory strategy and defending litigation in the area of per- and polyfluoroalkyl substances (PFAS), and we have been involved in some of the nation’s most-publicized cases. The PFAS Playbook blog is dedicated to helping readers stay up to date and understand the latest regulatory updates on PFAS. 

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