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 ...

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 ...

On August 6, 2021, Gov. J.B. Pritzker signed into law S.B. 561, known as the PFAS Reduction Act. The new law focuses on Class B firefighting foams, commonly referred to as aqueous film forming foams, which have been widely recognized as a source of per and polyfluoroalkyl substances (PFAS). Among other provisions, the PFAS Reduction Act directs the following:

• Prohibits any person (including local governments and fire departments) from discharging Class B firefighting foams containing PFAS during training exercises or testing, except under certain conditions.
• After January 1 ...

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 ...

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 ...

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 ...