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PFAS Playbook

Last month, the Environmental Protection Agency (EPA) released a proposed rule that would require more data from manufacturers on per- and polyfluoroalkyl substances (PFAS) made since 2011. In the proposed rule, which can be read here, EPA announced their intention to gather certain information going back to January 1, 2011 in accordance with revisions to the Toxic Substances Control Act (TSCA) mandated by the FY 2020 National Defense Authorization Act (NDAA). This one-time reporting obligation would apply to both chemical manufacturers and processors, as well as ...

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On July 22, the state of California unveiled for public review its draft public health goals (PHGs) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), two of the most widely studied types of PFAS. As noted in the goals, these two particular compounds have been used in consumer products and industrial settings for the last half-century. Because of their prevalence, California now proposes establishing a limit of PFOA at 7 parts per quadrillion in drinking water, and 1 part per trillion for PFOS. Even if finalized, California’s PHGs are not directly ...

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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

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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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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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