Before the close of 2022, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) officially finalized two big acrylamide regulations under the state’s Proposition 65 program. First, after nearly three years in the making, OEHHA issued its final “Exposures to…

Continue Reading The California Prop 65 Acrylamide Saga Continues

Comments are due February 3rd on EPA’s proposed (and much anticipated) rule to eliminate use of the de minimis exemption for reporting on per- and poly-fluoroalkyl substances (“PFAS”) under the Toxic Release Inventory (“TRI”) program.

When the 2021…

Continue Reading Comments Due Soon on EPA Proposed Rule to Eliminate De Minimis Exemption for PFAS Reporting under the Toxic Release Inventory Program

Cookware sold in California will be required to have chemical ingredient information disclosed on the product website by the new year.  While part of a wave of legislation focused on per- and polyfluoroalkyl substances (“PFAS”), the California Safer Food Packaging …
Continue Reading California Requires New Cookware Chemical Labeling Requirements by January 1st

A new paper from Northeastern University’s PFAS Project Lab and researchers from the National Institute of Environmental Health Sciences (NIEHS) reaches the sobering conclusion that over 57,000 sites in the U.S. have “presumptive contamination” from per- and polyfluoroalkyl substances (“PFAS”). …
Continue Reading New Study Identifies Over 57,000 Sites “Presumptively Contaminated” with PFAS

California joined the growing list of states to ban products containing per- and polyfluoroalkyl substances (“PFAS”) when, on September 29th, Governor Newsom signed into law legislation prohibiting the so-called “forever chemicals” in apparel, textiles, and cosmetics.  The ban goes into…
Continue Reading California Bans PFAS “Forever Chemicals” in Clothing, Textiles, and Cosmetics

On August 26, 2022, the U.S. Environmental Protection Agency (“EPA”) released its highly anticipated plan to categorize two per- and polyfluoroalkyl substances (“PFAS”) as “hazardous substances” subject to the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This action is…
Continue Reading EPA Proposes Designating Two PFAS “Forever Chemicals” as CERCLA Hazardous Substances

Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”).  These restrictions are some of the most comprehensive in the country, and, in effect, would ban PFAS in almost…
Continue Reading Maine Makes a Bold Move in Banning Most PFAS-Containing Products

Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know…
Continue Reading EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting

Original Kelley Drye Client Advisory posted on June 30, 2022.

In a decision issued the final day of the Supreme Court’s 2022 term, the Court sided with West Virginia and other States that had challenged the Environmental Protection Agency’s (“EPA’s”…
Continue Reading The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases