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Thomas Sokolowski

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Thomas focuses his practice on environmental law, including environmental regulation, compliance, permitting, litigation, and real estate due diligence.

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EPA’s stance on the 2024 PFAS Rule continues to remain in the balance. But as the clock continues to run on litigation over the Rule, EPA may be forced to provide a conclusion in the near future.

The Rule

On May 8, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule designating two widely used per-and polyfluoroalkyl substances (PFAS) —perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)—as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Notably…

Continue Reading What Will EPA Do with the 2024 CERCLA PFAS Rule?
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On May 1, 2024, Colorado became the thirteenth state to pass legislation banning per- and polyfluoroalkyl substances, commonly referred to as PFAS. The move comes shortly after PFAS received exceptional public attention when EPA finalized its first-ever national drinking water standards for six PFAS this past April. The release of these new standards now requires states and industry to act quickly and strategically on plans to restrict PFAS from water systems. For Colorado, multiple areas across the state detected PFAS in the water beyond EPA limits when EPA required water systems across the nation to test for dozens of PFAS last year.Continue Reading Colorado Bans Forever Chemicals After EPA Sets New PFAS Water Standards

On June 29, 2023, EPA issued its “Framework for TSCA New Chemicals Review of PFAS Premanufacture Notices (PMNs) and Significant New Use Notices (SNUNs)”—its latest effort to stop the environmental release of per- and polyfluoroalkyl substances (PFAS). This move targets PFAS at the industry source in order to eliminate risks before PFAS enter commerce.

PFAS are of great public and governmental interest because of their widespread use in a variety of products, ability to persist in the environment, and documented adverse human health and environmental effects. This past March, PFAS received exceptional public attention when EPA proposed its first-ever national drinking water standards for six PFAS. However, new PFAS entering the marketplace present a significant challenge for EPA to evaluate. Often, there is insufficient information on the new substance in order to quantify risk and make effective decisions regarding its regulation—there are thousands of different PFAS, but data for only a small fraction are available to the broader scientific community, regulators, and the public.Continue Reading EPA Announces New Framework for New PFAS in Industry