As the federal and state governments take multiple actions across many programs to address PFAS, Babst Calland attorneys continue to track these developments and are available to assist you with PFAS-related matters.

The following PFAS perspectives provide timely legal and regulatory information affecting businesses and industries.

U.S. Environmental Protection Agency Finalizes National Primary Drinking Water Regulations for Certain PFAS Chemicals

Environmental Alert

(by Jean Mosites and Mackenzie Moyer)

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) finalized the National Primary Drinking Water Regulation (NPDWR) Rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act, 42 U.S.C.

New to Whom? The Fifth Circuit strikes down EPA’s attempt to regulate ongoing uses of PFAS under TSCA’s “significant new use” provision.

Environmental Alert

(By Joseph Schaeffer and Sloane Wildman)

On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Inhance Technologies, L.L.C.

Senate Committee Hearing Examining PFAS as Hazardous Substances

(By Amanda Brosy, Matt Wood, and Jessica Deyoe)

On March 20, 2024, the Senate Committee on Environment &

PFAS and RCRA: EPA’s Latest Proposed Rules Significantly Expand Corrective Action Authority

Environmental Alert

(by Sloane Anders Wildman and Jessica Deyoe)

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules to address per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants under the authority of the Resource Conservation and Recovery Act (RCRA).

EPA Releases PFAS Air Emissions Test Method Ahead Of Disposal Guide

EPA has released a much-anticipated test method to measure volatile, nonpolar fluorinated compounds, such as PFAS, in air emissions, including compounds that are products of incomplete combustion or incomplete destruction, a method that could help implement the pending update to EPA’s PFAS destruction and disposal guidance, which is undergoing White House review.

U.S. EPA Releases Second Annual Progress Report Updating its PFAS Strategic Roadmap, Highlighting Progress, Delays, and Future Actions

Environmental Alert

(By Matt Wood)

On December 14, 2023, the U.S. Environmental Protection Agency (EPA) released its Second Annual Progress Report to its 2021 PFAS Strategic Roadmap, summarizing updates on the agency’s actions and goals to address per- and polyfluoroalkyl substances, also known as PFAS. 

Trick or Treat? EPA Tightens Reporting Requirements for PFAS and other Chemicals of Special Concern

Environmental Alert

(By Joseph Schaeffer and Jessica Deyoe)

In a final rule published in the Federal Register this Halloween, which we previewed at the time of proposal, Environmental Protection Agency (EPA) increased the reporting requirements for per-and-polyfluoroalkyl substances (PFAS) and other chemicals of special concern under the Emergency Planning and Community Right-to-Know-Act, 42 U.S.C.

WVDEP Notifies Facilities of PFAS Reporting Requirements

Environmental Alert

(by Kip Power and Matt Wood)

At the end of August 2023, the West Virginia Department of Environmental Protection (WVDEP) began sending letters to facilities that the agency believes may be subject to new requirements to report production or use of specific per- and polyfluoroalkyl substances (PFAS). 

Matt Wood Co-Panelist at 2023 WV Brownfields & Main Street Conference

Attorney Matt Wood will be a co-panelist for “PFAS” during the 2023 WV Brownfields & Main Street Conference, September 12-14, 2023. For more information, click here.

EPA Adds Nine PFAS Chemicals to the Toxics Release Inventory Reporting List

Environmental Alert

(by Matt Wood and Mackenzie Moyer)

On June 23, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule updating the Toxics Release Inventory (TRI) chemical list to add nine more per- and polyfluoroalkyl substances (PFAS).  

Companies face uncertainties as governments crack down on PFAS

Smart Business

(By Adam Burroughs featuring Jean Mosites)

Fluorinated chemicals, or per- and polyfluoroalkyl substances (PFAS), are a large and diverse family of chemical compounds used in myriad consumer, commercial and industrial products.

“Forever chemicals” a PFAS regulatory update with Jean Mosites

Pittsburgh Business Times

(By Jean Mosites)

We all use them: consumer electronics, textiles, paper packaging, nonstick cookware, chrome plating, paints, varnishes, and stain repellents for carpeting and upholstery.

West Virginia Passes the PFAS Protection Act

Environmental Alert

(By Matt Wood and Mackenzie Moyer)

West Virginia is one among many states developing new laws and regulations related to per- and polyfluoroalkyl substances (PFAS).

EPA Requests Information to Support Regulation of Additional PFAS Under CERCLA

Environmental Alert

(By Sloane Anders Wildman and Amanda Brosy)

On April 13, 2023, the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPRM) requesting input on the potential designation of additional categories of per and poly-fluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund.

EPA Proposes National Primary Drinking Water Regulations for Six PFAS Chemicals

Legal Intelligencer

(By Matt Wood and Mackenzie Moyer)

On March 14, 2023, the U.S. Environmental Protection Agency (EPA) provided a pre-publication version of a proposed National Primary Drinking Water Regulation Rulemaking that would regulate six polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act, 42 U.S.C.