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
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A Brief History of PFAS Litigation
By Bill Jackson & John Gilmour on
Posted in PFAS
Readers of this blog may be interested in a new article from Water Finance & Management, A Legal History of PFAS. The article highlights the early discovery of certain PFAS, their toxicity and persistence, how the dangers of PFAS…
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PFAS and TRI: More, Lots More, to Come
By Joseph J. Green & Zachary Lee on
Given today’s incessant media coverage and regulatory attention to PFAS (per- and polyfluoroalkyl substances), and their widespread presence in a host of products, it may seem surprising at first that the recently published 2021 Toxic Release Inventory (“TRI”) preliminary data…
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EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting
By Joseph J. Green & Zachary Lee on
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…
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The Supreme Court Limits EPA’s Authority to Regulate Greenhouse Gases
By Bill Jackson, Wayne D'Angelo & Lauren Shah on
Posted in EPA
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”…
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EPA Advances on Key PFAS Roadmap Deadlines
By Bill Jackson, Steve Humphreys & Lauren Shah on
Original Kelley Drye Client Advisory posted on June 17, 2022.
In the last two weeks, the Environmental Protection Agency (“EPA”) has taken two major steps forward on its regulation of the “forever chemicals,” per- and polyfluoroalkyl substances (“PFAS”), to advance…
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Revisions to Prop 65 Short-Form Warnings on Hold; New Proposal Expected
By Joseph J. Green on
Posted in Prop 65
The California Office of Environmental Health Hazard Assessment (OEHHA) has announced that it will not be moving forward with the current proposal to amend Proposition 65 “short-form” warnings and that the agency will initiate a new rulemaking in coming weeks. …
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California Still Seeking Proper Balance for Prop 65 Short Form Warnings
By Joseph J. Green on
Posted in Prop 65
The California Office of Environmental Health Hazard Assessment (OEHHA), which manages the state’s Proposition 65 program, is reviewing comments on its latest attempt to limit use of the popular “short form” warning option. The latest proposal, released on April 5,…
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SEC Unveils Landmark Proposed Rules on Climate Change Disclosures
By Courtney Kleshinski on
Posted in Uncategorized
Original Kelley Drye Client Advisory posted by Courtney Kleshinski on March 22, 2022.
On March 21, the U.S. Securities and Exchange Commission (SEC) unveiled its long-anticipated draft proposed rules for mandatory climate disclosures that would align the United States with…
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EPA Releases 2020 Toxic Release Inventory (TRI) Data, Plans to Eliminate De Minimis Exemption for PFAS
By Joseph J. Green on
Earlier this week, U.S. EPA released the agency’s 2020 TRI National Assessment Report, which includes data from first-time reports filed for per- and polyfluoroalkyl substances (PFAS). In releasing the report, EPA indicated that it was concerned by “the seemingly limited…
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The Prop 65 Pandemic: No Covid Slow-Down for Enforcement
By Joseph J. Green on
While the Covid-19 pandemic caused all sorts of disruptions to society and the economy, at least one area of business has thrived over the last two years: private plaintiff enforcement of California Proposition 65. In 2020-2021, over 40% more Prop…
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