Following EPAs designation of two PFAS or so-called, "forever chemicals" as "hazardous substances" under CERCLA, Lathrop GPM Partner Rick Kubler spoke with Law360 about the immediate effects of the ruling and other important takeaways to be considered. Rick commented on EPA's enforcement discretion policy and how there is "no guarantee anyone will be immune from liability since CERCLA allows parties to sue each other for costs." He also talked about reopener provisions coming into play for parties who have already entered into consent agreements with EPA. In the article, Rick was ...

On April 19, 2024, EPA issued its long-awaited Final Rule officially listing two key per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). The Final Rule designates the two most studied PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – as hazardous substances. The effects of the designation will be far-reaching and will extend beyond the broad authority that ...

On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule designating certain PFAS, or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The final rule is expected to list the two most studied types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic ...

On April 10, in a move that is almost certain to result in legal challenges from states, utilities, and other entities charged with its implementation, EPA released its much-anticipated Final Rule limiting concentrations of certain per- and polyfluoroalkyl substances (PFAS), or so-called “forever chemicals,” in public drinking water. The Final Rule, which EPA issued pursuant to the Safe Drinking Water Act (SDWA), represents the first time the federal government has set enforceable standards for any PFAS in drinking water.

The Final Rule sets a legally enforceable maximum ...

On March 27, 2024, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule establishing a national drinking water regulation to limit concentrations of certain per- and polyfluoroalkyl substances (PFAS), or “forever chemicals,” in drinking water. When issued, this rule will be the first time the federal government has set enforceable standards for any PFAS in drinking water.

OMB reviews final rules before they are published to the public. The conclusion of OMB’s review marks a key milestone in the rulemaking process, which indicates ...