19 Apr, 2024 EPA has now listed two PFAS as Hazardous Substances under CERCLA. Hold onto your hats. By Jeff Porter Less than ten days after setting drinking water standards for six of the hundreds of chemicals known collectively as PFAS, EPA has now...
05 Mar, 2024 My Mom would say that, when it comes to PFAS, the Judicial Panel on Multi District Litigation's eyes were bigger than its stomach! By Jeff Porter A little over five years ago, the Judicial Panel on Multidistrict Litigation gave Federal Judge Richard Gergel of South Carolina the...
01 Mar, 2024 The DoD has played a card that only it has in the AFFF litigation but it won't get it out of PFAS purgatory By Jeff Porter Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief...
09 Feb, 2024 The PFAS Liability Abyss By Jeff Porter Some of you may be old enough to remember the movie Wall Street and, if you are, you might remember that just before Bud is taken into...
06 Feb, 2024 EPA's execution of its PFAS road map proves the wheels of justice aren't the only ones that turn slowly. By Jeff Porter While I was on vacation last week, EPA proposed to identify as “hazardous constituents” nine of the “forever chemicals" known...
11 Jan, 2024 Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel. By Jeff Porter Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee...
29 Aug, 2023 I'm not sold on EPA's explanation for why it says "if" it designates PFOA and PFOS as hazardous substances rather than "when" By Jeff Porter One of the two things in EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye also caught the eye of Suzanne...
25 Aug, 2023 The Federal Government says the 6th Circuit and 1st Circuit now have different Superfund rules but the Supreme Court shouldn't do anything about that! By Jeff Porter Anyone who has been practicing environmental law for more than a few years has had a case requiring a dive into the black hole that is...
18 Aug, 2023 Two things about EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye. By Jeff Porter After less than a month on the job EPA Office of Enforcement and Compliance Assurance (OECA) Chief David Uhlmann this week released a...
29 Jun, 2023 If a thorn of experience is worth a wilderness of warning then what happened this week in NJ is a whopper of a PFAS thorn By Jeff Porter James Russell Lowell wrote that one thorn of experience is worth a whole wilderness of warning. This week's nearly 400 million dollar...
28 Apr, 2023 EPA has issued an "order" permitting continued PFAS discharges at concentrations much higher than what it says are dangerous. Confused? By Jeff Porter EPA got a lot of press this week for its first ever "enforcement action" relating to the continuing discharge of the forever chemicals...
03 Mar, 2023 As EPA continues to move toward identifying PFAS as Hazardous Substances, we continue to put them in the environment. Does that make sense? By Jeff Porter Massachusetts State Representative Kate Hogan seems to make a lot of sense when she says, about the continued widespread use of the...
28 Feb, 2023 Does the Supreme Court have the stomach to tackle the super fun Superfund statute of limitations again? By Jeff Porter This week our nation's highest court will decide whether to review the 6th Circuit's conclusion that a declaratory judgment of liability...
28 Nov, 2022 A rose or PFAS by any other name . . . . By Jeff Porter With apologies to Mr. Shakespeare, and respect to the American Water Works Association, PFOS and PFOA, only two of the hundreds of...
21 Nov, 2022 EPA deserves a high grade for its progress implementing its PFAS road map and so does Congress By Jeff Porter As students around the country journey home for Thanksgiving break before final exams, EPA has reported on its progress implementing its...
30 Aug, 2022 The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a game changer. By Jeff Porter For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors...