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Practice Area: Environmental

Epa Proposes New Primary Drinking Water Standards For Certain Pfas Chemicals Under The Safe Drinking Water Act

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On March 14, 2023, the EPA announced proposed National Primary Drinking Water Regulations for six PFAS chemical compounds. The rule would limit the amount of PFOA perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to four parts per trillion (or ng/L) in drinking water across the nation.  Perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA,…
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3m Will Discontinue Pfas Manufacturing

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On December 20, 2022 3M, Inc. announced it would discontinue manufacturing of per and polyfluoroalkyl substances (“PFAS”) by the end of 2025. 3M is one of the world’s largest manufacturers of PFAS, accounting for $1.3 billion in annual sales revenue. 3M plans to scale down its PFAS manufacturing prior to the 2025 discontinuation date. PFAS…
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Supreme Court May Bring Clarity To Wetlands Protected Under Clean Water Act In Sackett V. Environmental Protection Agency

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The Supreme Court heard oral argument in Sackett v. Environmental Protection Agency on October 3, 2022. Sackett involves property owners challenging an EPA compliance order determining that a property on which the Sacketts intended to build a home was a wetland as defined in the Clean Water Act (CWA). Sackett v. U.S. Env’t Prot. Agency,…
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Epa Announces Ban On Hydroflourocabons

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On December 9, 2022, the U.S. Environmental Protection Agency (EPA) proposed a rule restricting the use of hydrofluorocarbons (HFCs). In a prepublication document, the EPA proposed the restriction of HFCs in refrigeration, air conditioning, heat pumps, foam blowing, and aerosols by 2025. The restriction would only apply if more environmentally friendly alternatives are available. According…
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North Carolina Supreme Court Rules That State Can Bring Companies Into State Court For Liabilities Related To Past Pfas Production In Exception To General Rule

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In State ex rel. Stein v. E. I. du Pont de Nemours & Co., the North Carolina Supreme Court considered whether two companies spun off from E.I. DuPont de Nemours and Company (“DuPont”) could avoid personal jurisdiction in cases regarding claims involving the release of PFAS by asserting that those companies had never done business…
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Eleventh Circuit Rules That Federal Insecticide, Fungicide, And Rodenticide Act Does Not Preempt State Law Claims In Monsanto Roundup Litigation

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In Carson v. Monsanto Company, No. 21-10994 (11th Cir. 2022), the Eleventh Circuit ruled on July 12, 2022, that the Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) did not preempt a failure to warn claim brought under Georgia law. Plaintiff’s failure to warn claim arose from claims of malignant fibrous histiocytoma that he alleges was…
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Climate Act Imposes New Fees On Methane Emissions From Oil And Gas Wells

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On August 12, 2022, Congress passed the Inflation Reduction Act, which includes $369 billion in spending on climate action. The Act introduces a “waste emissions charge,” which makes companies who produce, transport, or store oil and gas pay for methane that leaks from their facilities into the atmosphere. The charge will start at $900.00 per…
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Epa Announces New Drinking Water Health Advisories For Pfas ‘Forever Chemicals’

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On June 15, 2022, the U.S. Environmental Protection Agency (EPA) released new drinking water health advisories for per- and polyfluoroalkyl substances (PFAS). The EPA also announced $1 billion in funding to address PFAS and other emerging contaminants in drinking water. PFAS have been linked to infertility, thyroid problems, and several types of cancer. Since the…
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