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PFAS Playbook

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

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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 ...

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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 ...
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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 ...

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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 ...

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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 ...

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Lathrop GPM Environmental Partner and member of our PFAS team, Rick Kubler, was recently selected to serve on the Minnesota Pollution Control Agency (MPCA) Remediation program’s per- and polyfluoroalkyl substances (PFAS) Stakeholder Advisory Group.

In conjunction with the MPCA Remediation program, the stakeholder advisory group provide input and comments to the MPCA as it develops guidance for investigating and addressing PFAS contamination at remediation sites. The purpose of the PFAS guidance, which is anticipated to launch in the summer of 2023, will be to develop best ...

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Last month, the EPA issued the Fifth Unregulated Contaminant Monitoring Rule (UCMR 5) to establish nationwide monitoring for 29 per- and polyfluoroalkyl substances (PFAS) and lithium in drinking water. The Safe Drinking Water Act mandates the EPA to monitor for unregulated contaminants in drinking water every 5 years. Under the UCMR 5, public water systems will collect data on 29 PFAS over a 12-month period from 2023 through 2025 with a report of final results in 2026. The UCMR 5 testing requirement will apply to public water systems serving over 10,000 people; all systems serving ...

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On November 16, EPA asked its Science Advisory Board (SAB) to review draft scientific documents re-evaluating EPA’s 2016 analysis of potential health effects of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). The review could lead to EPA lowering its existing drinking water health advisory levels and inform development of National Primary Drinking Water Regulations for the two compounds.

EPA sent four draft documents with recent scientific data and analyses to its SAB that indicate adverse health effects may occur at lower levels of exposure to PFOA ...

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Last Friday, the House of Representatives approved the bipartisan Infrastructure Investment and Jobs Act. The Act sets aside over $1.2 trillion in spending, $10 billion of which will be dedicated to addressing per- and polyfluoroalkyl (PFAS) contamination in water. Through the establishment of three new grant programs, $5 billion will go to assisting rural and disadvantaged communities address PFAS in drinking water, $4 billion is pledged to removing PFAS from drinking water supplies, and the remaining $1 billion will be used to help address the presence of PFAS in wastewater ...

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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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