Last week, Taylor Research Group (TRG) attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing for a timely discussion on the EPA’s one-time Toxic Substances Control Act (TSCA) data-collecting rule for PFAS. More specifically, by May 2025, any entity that has manufactured or imported PFAS or PFAS-containing articles since January 1, 2011 must electronically report its PFAS usage, production volumes, disposal, exposures, and hazards. In what has become a common theme in presentations regarding PFAS regulation, TRG’s main takeaway is that manufacturers must diligently make a plan for record keeping and recording if they hope to avoid stiff penalties.
PFAS Regulation for Consumer Products: Immediate Action Recommended
Last week’s iteration of the Environmental Law Institute’s (ELI) monthly PFAS webinar focused on state PFAS regulations for consumer products. Echoing the message from prior meetings, the speakers implored manufacturers in this realm to conduct due diligence investigations in preparation for forthcoming enforcement. However, they noted that significant challenges exist for even the most well-intentioned producers. Namely, state regulations are often vague and broad, and PFAS release and exposure during the manufacturing process can be unforeseen and quite surprising. This creates an environment that can lead to hesitation and inaction, decisions that can ultimately be detrimental and costly.
Just the Beginning: EPA’s MCL Announcement for PFAS Indicates that Additional Regulatory Action is Imminent
We are once again eager to share our takeaways from the Environmental Law Institute’s (ELI) monthly PFAS webinar. This month’s speakers provided an in-depth discussion on the EPA’s recent announcement that established Maximum Contaminant Levels (MCLs) for six PFAS: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA, as well as mixtures containing two or more of PFHxS, PFNA, HFPO-DA, and PFBS. This very informative session went beyond the immediate effects of this designation and, instead, largely focused on what is still in store for PFAS regulatory action. The theme that resonated most with us is that this decision is just the beginning.
PFAS: When Confronted With Potential Liability, Know Your History
Last month, on the heels of our trilogy of blogs related to the Impact of PFAS on Environmental Litigation (Virtual) Conference hosted by Perrin Conferences, TRG attended a subsequent PFAS webinar, which is the subject of this week’s blog.
“Do the Homework on Corporate History” was one of six key takeaway points from the Identification of PFAS Sites and Questions of Legal and Insurance Coverage webinar hosted by Perrin Conferences. The webinar cautioned that, while companies attempting to understand their liability often turn first to insurance archaeology, instead their initial step should be to fully understand their own corporate history and how they became liable in the first place. The webinar pointed out that sales, acquisitions, and mergers all may have affected liability, as well as any active insurance policies.
PFAS: Bold Actions by EPA Expected to Create New Liabilities
When it comes to PFAS contamination liability, be proactive. That was one of several important messages conveyed at the Impact of PFAS on Environmental Litigation (Virtual) Conference hosted by Perrin Conferences, which Taylor Research Group (TRG) recently attended. Readers familiar with TRG’s work will know that research into PFAS end-product usage and disposal has been one of our specialties for many years now. Yet within environmental law these chemicals—the best known and most infamous being PFOS and PFOA*—have existed in a sort of limbo.
Bipartisan Infrastructure Law Unlocks Funds for EPA Cleanup Programs
The passing of the Bipartisan Infrastructure Law in November 2021 marked a historic day for federal funding of environmental programs. The law unlocked over $50 billion of funds to the Environmental Protection Agency (EPA), $5 billion of which will be utilized to address problematic Superfund and brownfield sites, abandoned mines, and old oil and gas wells.
PFAS: As Litigation Expands, So Does Our Research
The list of toxic contaminants that spawn costly environmental litigation and propel our research projects expands constantly. One of the latest additions is the family of PFAS (per- or polyfluoroalkyl substances), which currently appear on track to have the same staying power in the world of toxic tort litigation as many of the other chemicals whose production and use we routinely document. Last year, Taylor Research Group highlighted our focus on two PFAS, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which were ingredients in firefighting foam. Since that time, this family of so-called “forever chemicals” has gained increasing attention.
PFOS and PFOA: Investigating Emerging Contaminants of Concern
Many of the research cases that we work on involve hazardous contaminants in soil or groundwater. Increasingly, that includes research into the usage and disposal of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). These chemicals are part of a larger group of chemicals called polyfluoroalkyl substances (PFAS), also called perfluorocarbons (PFC).
Conducting Research Locally: Challenges & Opportunities
Tracking down records at the local level is an essential part of our strategy for many of the research cases we take on – from toxic tort and environmental litigation to legal questions emanating from mineral rights and land ownership issues. Local records can hold invaluable information when trying to piece together complex histories of contaminated industrial sites, military bases, public utilities, or other properties and waterways.
TRG Attends ELI Clean Water Act Event
On June 26, Taylor Research Group attended “Basics of the Clean Water Act,” an event hosted by the Environmental Law Institute (ELI) as part of their annual Summer School series.