Chemical Industry Group Challenges EPA Interim Drinking Water Health Advisories for PFOA and PFOS

The American Chemistry Council (“ACC”) is challenging the interim EPA drinking water health advisories issued in June for perfluorooctanesulfonic acid (“PFOS”) and perfluorooctanoic acid (“PFOA”). ACC alleges that the advisories rely on faulty science and that by calling the standards “interim” the EPA is trying to circumvent proper procedure. Seeking to vacate the advisories, ACC…

Chemical Company Challenges the EPA’s Drinking Water Health Advisory Regarding PFOA Substitutes Before the Third Circuit Court of Appeals

In July 2022, The Chemours Company (“Chemours”) filed suit against the EPA in the United States Court of Appeals for the Third Circuit, challenging the EPA’s recent drinking water health advisories regarding hexafluoropropylene oxide dimer acid (“HPFO dimer acid”) and its ammonium salt, which are two GenX chemicals commonly used as alternatives to PFOA. Chemours…

EPA’s New PFAS Listings Raise Enforcement, Litigation Risks

On May 18, the U.S. Environmental Protection Agency added five per- and polyfluoroalkyl substances, or PFAS, to a list of risk-based values for regional screening and removal management levels. This action comes as several states are gearing up their own efforts to regulate PFAS, and are conducting PFAS site investigations without clear federal guidance or…