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New Jersey, North Carolina, and New Mexico are urging the U.S. Environmental Protection Agency (EPA) to add four PFAS chemicals—PFOA, PFOS, PFNA, and GenX—to the list of Hazardous Air Pollutants (HAPs) under the Clean Air Act. The Petition highlights the environmental and health risks posed by PFAS, particularly their persistence in the atmosphere and potential to contaminate soil and water.

While these chemicals are best known for their contamination of drinking water, the release of PFAS into the air has…

Continue Reading States Petition EPA to Designate Key PFAS as Hazardous Air Pollutants

The coalition of law firms, including Taft, that have been working together for over a decade to lead litigation and secure settlements on behalf of those harmed by PFAS contamination, have announced another major settlement to address this “forever chemicals” contamination in U.S. drinking water supplies in the context of the ongoing multi-district litigation to address claims for damage from PFAS released from aqueous film-forming firefighting foam (the AFFF MDL). This latest settlement, reached with Tyco Fire Products LP (Tyco)…

Continue Reading Another Historic “Forever Chemicals” Drinking Water Settlement Announced by Taft and Lawyers Leading PFAS Litigation

On April 10, 2024, the U.S. EPA released its federally enforceable drinking water limits for certain toxic PFAS “forever chemicals” under the federal Safe Drinking Water Act. The final rule will “reduce PFAS exposure for approximately 100 million people, prevent thousands of deaths, and reduce tens of thousands of serious illnesses.”

Taft partner, author, and advocate Rob Bilott stated, “Today we can celebrate a huge victory for public health in this country. The U.S. EPA is moving forward to protect…

Continue Reading US EPA Releases National Drinking Water Standards

As regulation of per- and polyfluoroalkyl substances (PFAS) continues to develop at the state and federal level, an issue of significant concern is the potential for product packaging made with PFAS to impart or “leach” those PFAS into the products contained within. In a prior article in this space, Taft’s Environmental practice group outlined a recent EPA order requiring a manufacturer of fluorinated high-density polyethylene (HDPE) containers designed to hold various liquid products to cease producing such packaging using PFAS, out of concern for the risk of PFAS leaching into the products. Now, at least one state legislature is taking up the issue in an effort to prevent products containing PFAS as a result of leaching from entering commerce in that state.

Continue Reading Proposed Vermont Legislation Seeks to Address PFAS Risks Associated with Fluorinated HDPE Packaging

On November 17, the EPA paused its prior approval of up to 100 shipments of wastes containing per- and polyfluoroalkyl substances (PFAS) from the Chemours Netherlands B.V. facility in Dordrecht to the Chemours Fayetteville Works plant in North Carolina. The North Carolina Chemours plant has been the source of previous pollution.

This news comes on the heels of a new analysis of EPA data showing that over the last five years at least 60 million pounds of PFAS waste has been disposed of in the US. According to the author of the new analysis, Public Employees for Environmental Responsibility (Peer), the 60m pounds estimate is likely to be a “dramatic” undercount because PFAS waste is mostly “unregulated” in the US and companies are typically not required to record its disposal. As part of its analysis, Peer identified over 10,300 PFAS waste shipments between June 2018 and June 2023.

Continue Reading US Continues Disposing of PFAS Waste Despite Known Dangers
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On October 17, California Attorney General Rob Bonta issued an Enforcement Advisory Letter indicating that the Attorney General’s office intends to bring enforcement actions against companies that fail to comply with California’s new law restricting the use of per- and polyfluoroalkyl substances (PFAS) in food packaging and requiring disclosure and labeling when PFAS are used in cookware products.

The California law, known as Assembly Bill 1200 (A.B. 1200), went into effect on January 1, 2023. The law prohibits businesses, including shops and restaurants selling take-out food, from distributing, selling, or offering for sale any “food packaging” that contains PFAS. “Food packaging” is broadly defined and includes take-out food containers, unit product boxes, liners, wrappers, serving vessels, eating utensils, straws, food boxes, and disposable plates, bowls, or trays. The law also requires disclosure and labeling when PFAS are intentionally included in any “cookware” product that comes into contact with food or beverages. “Cookware” includes pots, pans, skillets, grills, baking sheets, baking molds, trays, bowls, and cooking utensils.

Continue Reading California Attorney General Reinforces Intent to Pursue Enforcement Actions Against Violators of New PFAS Content Law

The coalition of law firms, including Taft, working together to lead litigation and secure settlements on behalf of those harmed by PFAS chemical contamination has announced additional significant developments in the implementation of their new settlements with 3M and DuPont-related companies that will provide benefits of up to $13.6 billion for public water providers across the country. Taft partner Rob Bilott is one of the coalition’s lawyers and has been working on these PFAS issues for more than two decades when he brought the first PFAS case in the country in 1999.

On Aug. 29, 2023, the federal court in South Carolina overseeing the ongoing nationwide litigation over damage caused by PFAS in aqueous film-forming foam (AFFF) granted preliminary approval of the settlement with 3M, valued at up to $12.5 billion. This follows the Court’s similar preliminary approval of the settlement with DuPont and its related companies on Aug. 22, 2023, valued at an additional $1.185 billion. Together, these settlements represent the largest drinking water settlements in US history.

Continue Reading Additional Drinking Water Settlement Developments Announced by Taft and Lawyers Leading PFAS Litigation Nationwide

Taft is among a coalition of law firms that have been working together for over a decade to lead litigation and secure settlements on behalf of those harmed by PFAS chemical contamination. The coalition has announced two significant developments in the implementation of their new settlements with 3M and DuPont-related companies that will provide benefits of up to $13.6 billion for public water providers across the country. Taft partner Rob Bilott is one of the coalition’s lawyers and has been…

Continue Reading Taft and Lawyers Leading PFAS Litigation Nationwide Announce Significant Developments

Taft partner Rob Bilott is quoted and featured in the TIME article “’Forever Chemical’ Lawsuits Could Ultimately Eclipse the Big Tobacco Settlement,” published on July 12. The article discusses the evolution of PFAS lawsuits starting with the Tennant farm case filed by Bilott in 1998. Today, there are more than 15,000 claims that have been filed against the major manufacturers of PFAS in the U.S.

On June 2, 2023, a settlement valued at approximately $1.2 billion was announced…

Continue Reading Taft’s Bilott Quoted Extensively in TIME Article on PFAS Liability

On June 22, 2023, a settlement valued up to $12.5B was announced with the 3M Company to address contamination of U.S. public drinking water supplies with PFAS “forever chemicals.” The settlement was announced in the context of ongoing multi-district litigation (MDL) against 3M by public water providers all over the country claiming that PFAS released from aqueous film-forming firefighting foam (AFFF) has contaminated drinking water supplies (the AFFF MDL).

Taft partner Rob Bilott, who serves as the court-appointed Advisory…

Continue Reading Settlement Announced With 3M in PFAS Contaminated Drinking Water Cases