Contamination
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Inclusion of Microplastics in the Sixth Unregulated Contaminant Monitoring Rule?
According to a Law360 article, U.S. EPA said in a statement to Law360 that it’s reviewing a November 2024 petition from 175 environmental groups to include microplastics in the Sixth Unregulated Contaminant Monitoring Rule (UCMR 6) under the Safe Drinking Water Act (SDWA). The SDWA requires the EPA to create a list of up to Continue reading
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Federal and State Efforts to Address Synthetic Microfiber Pollution from Textiles
Microplastics, plastics less than 5 millimeters in length, are becoming a growing concern due to their ubiquity and persistence in the environment and potential effects on ecological and human health. A 2017 publication by the International Union for Conservation of Nature and Natural Resources suggests that between fifteen and thirty-one percent of plastics in the Continue reading
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U.S. EPA Finalized PFAS Reporting Rule Requires Submittal of 12 Years of PFAS Data
On September 28, 2023, U.S. EPA released its final reporting rule that will require manufacturers (and importers) of PFAS and PFAS-containing articles to submit detailed PFAS-information going back as far as 2011. Putting aside the difficulties posed by a reporting rule with a 12-year look-back, the final rule also adopts a structure-based PFAS definition. Specifically, rather than Continue reading
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Earth Day 2023–Investing in a Balanced Approach to Emerging Contaminants
In the 1962 book, Silent Spring, Rachel Carson brought to the forefront of public attention contaminants of emerging concern (CECs). CECs, or emerging contaminants, are chemicals or materials that can be characterized by a perceived, potential or real threat to human health or the environment. Continue reading
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U.S. EPA Adopts Expanded Definition of PFAS on Its Drinking Water Contaminants List
On November 2, 2022, U.S. EPA released the pre-publication version of the fifth contaminant candidate list (CCL 5) containing 66 chemicals, 12 microbes, and three chemical groups (per- and polyfluoroalkyl substances (PFAS), cyanotoxins, and disinfection byproducts. Continue reading
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New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges
The California Office of Administrative Law (OAL) recently approved a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages. Continue reading
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Governor Newsom Vetoes PFAS Reporting Bill But Signs Into Law Legislation Banning PFAS in Cosmetics and Textiles
On September 29, 2022, Governor Gavin Newsom vetoed Assembly Bill No. 2247. The bill would have required manufacturers of per- and polyfluoroalkyl substances (PFAS) or products or product components containing intentionally added PFAS to register the PFAS or products or product components on a publicly accessible data collection interface, along with other information. Continue reading
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New OEHHA Proposition 65 Acrylamide Warning Label Does Little to Resolve Pending First Amendment Challenges
On September 16, 2022, California’s Office of Environmental Health Hazard Assessment (OEHHA) submitted to the California Office of Administrative Law (OAL) a revised Proposition 65 warning label requirement for the use of acrylamide in food and beverages that OEHHA claims will resolve the First Amendment claims being asserted by the California Chamber of Commerce (CalChamber)… Continue reading
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Jenner & Block Wishes Bon Voyage to Gay Sigel as She Starts Her Next Adventure with the City of Chicago
As Gay Sigel walked through the doors at One IBM Plaza in Chicago, fresh out of law school and ready to launch her career as an attorney at Jenner & Block, she could not have envisioned the tremendous impact she would have on her clients, her colleagues, and her community over the next 39 years. Continue reading
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OMB Throws Potential Speed Bump in Front of U.S. EPA’s Efforts to Designate PFAS as CERCLA Hazardous Substances
On August 12, 2022, the Office of Management and Budget (OMB) completed its review of U.S. EPA’s proposed rule to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as CERCLA hazardous substances. Continue reading