Compensation

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PFAS Continues to Dominate Regulatory Response

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Across the nation, state and federal agencies are renewing their efforts to end the toxic legacy of per– and polyfluoroalkyl substances. 2021 saw a flurry of PFAS-related legislation and proposals from both California and the US Environmental Protection Agency (EPA) that is carrying over into 2022. To help breakdown the state and federal government’s response to widespread PFAS contamination, here is a snapshot of the latest news in the PFAS pipeline:

Governor Newsom Signs New PFAS Bills and OEHHA Lists PFOS under Prop 65

Governor Newsom signed two major PFAS bills this fall on October 5th: AB 1200 and AB 652. Under AB 1200, or the California Safer Food Packaging and Cookware Act of 2021, no plant-based food packages with “intentionally added” PFAS may be sold or distributed after January 1, 2023. The law also requires cookware manufacturers to disclose if certain chemicals, including PFAS, are present in their products. A list of disclosed chemicals must be available online by January 1, 2023 and on the physical product by January 1, 2024. The law further prohibits manufacturers from claiming their products are free of a specific chemical, like PFOA, unless the product is also…

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Peek Behind the Federal Regulatory Curtain: PFAS and Changing Policies

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PFAS are at the top of our minds and our news feeds as scientists reveal more data about the impact of polyfluoroalkyl substances on our health and our environment. Environmental groups, scientists, laboratories, and politicians across the aisle agree; it’s time to legislate these “forever chemicals.” 2020 took some steps towards regulating PFAS, especially PFOA and PFOS, which are known carcinogens and are linked to many other long-term health effects. But more work needs to be done. To help break down the federal government’s response to PFAS, here is a snapshot of recent news in the PFAS pipeline.

National Defense Authorization Act (NDAA)

On January 1, Congress overrode President Trump’s veto and enacted H.R. 6395 (NDAA), the authorization bill that directs spending for the Department of Defense (DoD) in conjunction with the FY 21 omnibus appropriations bill.

The 2021 NDAA addresses PFAS contamination on military bases and in military equipment. Multiple provisions follow-up on the 2020 NDAA provisions, which began phasing out AFFF (Aqueous Fire Fighting Foam) after studies linked AFFF with PFAS contaminated ground and drinking water on military bases and in surrounding communities. Follow-up actions include: