District Court Stays Litigation Challenging de Minimis Exemption for PFAS TRI Reporting

The U.S. District Court for the District of Columbia stayed litigation challenging de minimis exemptions for PFAS Toxic Release Inventory (TRI) reporting. The plaintiff environmentalists’ suit alleges the EPA’s rule allowing the de minimis exemption to apply to PFAS violates the Emergency Planning and Community Right-to-Know Act, the federal law authorizing TRI, as well as…

The EPA Adds Nine PFAS Chemicals to TRI List and Wins Stay of PFAS Litigation in Federal District Court

The EPA automatically adds nine PFAS chemicals to the Toxics Release Inventory (“TRI”) list pursuant to the Fiscal Year 2020 National Defense Authorization Act (“NDAA”) and after finding some PFAS chemicals could no longer be claimed as confidential business information, and as a result, the persons/facilities required to annually report TRI data to the EPA…

The Third Circuit Denies EPA’s Motion to Move Forward with Chemours Company’s Review of PFAS Health Advisories

The Third Circuit denied the EPA’s motion to dismiss the Chemours Company FC, LLC’s (“Chemours”) petition to review the EPA’s health advisories for PFAS chemicals – rejecting the EPA’s argument that the advisories are simply informational tools rather than final agency rules. In its initial petition, Chemours asserted that the health advisories relied on faulty…

Sixth Circuit Panel Affirms $40 Million Verdict Against DuPont for Alleged PFAS Contamination

A Sixth Circuit panel affirmed the district court’s decision to award a plaintiff a $40 million verdict against E. I. du Pont de Nemours & Co.’s (“DuPont”) for allegedly contaminating drinking water with PFAS, and in so doing, causing the plaintiff’s testicular cancer. The Sixth Circuit panel agreed with the lower court’s decision to apply…