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William Sweet

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William’s practice focuses on environmental law, including litigation. He has experience working closely with clients to obtain optimal results, and recognizes when settlement is preferable to litigation. 

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Since EPA announced a Final Rule designating certain per- and polyfluoroalkyl substances (PFAS) as hazardous substances, there has been ample national attention on what the legal and regulatory landscape would look like in restricting these dangerous substances. Various states have taken independent action to curtail the significant health and environmental risks posed by PFAS. Recently, Vermont moved to further restrict the prevalence of PFAS in products sold in their state.Continue Reading Vermont Legislature Takes Action to Limit PFAS in Common Commercial Products

As the EPA nears finalizing recently proposed environmental regulations related to per- and polyfluoroalky substances (“PFAS”), corporate America waits with bated breath.

Businesses involved in the manufacturing and sale of PFAS or PFAS-containing products are closely monitoring the legal landscape surrounding PFAS litigation. With the pending multibillion-dollar settlements between 3M, DuPont-related entities, and U.S. public water providers, the public is finally becoming more aware of PFAS. Public sentiment is now turning towards holding companies traditionally associated with making PFAS (such as 3M and DuPont) responsible for addressing the environmental and public health concerns related to PFAS.

There is increasing concern, however, toward keeping a clear line between the manufacturers of PFAS, who understood the damage their products would cause, and the downstream businesses who purchased and used PFAS in their products. Often, these downstream businesses were unaware that their products contained PFAS, or they failed to fully appreciate all the risks associated with using PFAS in their products, because the makers of the PFAS historically withheld or covered up that information. Thus, over the last 70 years, PFAS made its way into thousands of products throughout the stream of commerce, including cosmetics, carpets, food packaging, and clothing, with many of the companies involved in making those products not realizing that PFAS might be involved.Continue Reading Surge in PFAS Litigation Raises Bankruptcy Fears Among Downstream Users of PFAS

Over the last several weeks, appellate courts in two states have issued decisions with varying impacts on per- and polyfluoroalkyl substances (PFAS) regulations at the state level. In New Jersey, the New Jersey Appeals Court has upheld the strict PFAS drinking water standards promulgated by the New Jersey Department of Environmental Protection in an opinion issued Aug. 3, 2023. In contrast, just yesterday, a Michigan appeals court invalidated the PFAS drinking water standards issued by the Michigan Department of Environment, Great Lakes, and Energy (EGLE).Continue Reading Michigan Court of Appeals Decision Upends State’s Regulation of PFAS in Drinking Water

Recent research conducted by the United States Geological Survey (“USGS”) determined that at least 45% of the tap water in the United States is projected to contain at least one type of per- and polyfluoroalkyl substances (“PFAS”). The USGS’s study assessed over 700 private and public tap water supplies in the United States, though they believe that the lack of detailed information about PFAS exposure in unregulated private wells may impact their projected estimated of PFAS-impacted tap water.

USGS’s research compared human PFAS exposures in 716 different locations, with 269 unregulated private wells, and 447 regulated public-supply tap water sources analyzed across the US from 2016–2021. The study found estimated median cumulative concentrations being similar among private wells and the public-supply. USGS has determined that the results are definitive evidence that further assessments of the health risks of PFAS as a class of contaminant, and in combination with other co-occurring contaminants (meaning other contaminants which are likely to be present alongside PFAS), are necessary.Continue Reading Recent United States Geological Survey Finds Over 45% of Tap Water Contaminated by PFAS