As the federal and state governments take multiple actions across many programs to address PFAS, Babst Calland attorneys continue to track these developments and are available to assist you with PFAS-related matters.

The following PFAS perspectives provide timely legal and regulatory information affecting businesses and industries.


DOD Releases Report to Congress Declining Need for Formal Program for Non-Incineration Destruction of PFAS

The Department of Defense (DOD) Office of the Assistance Secretary for Energy, Installations, and Environment released a report this month titled “Per- and Polyfluoroalkyl Substances Non-Incineration Destruction Technologies Report to Congress.” The Report was released in response to a House Report accompanying the Fiscal Year 2024 National Defense Authorization Act in which the House Armed Services Committee asked DOD to submit a report to the Committee on whether DOD could incorporate non-incineration technologies into DOD’s strategy for disposing of PFAS and PFAS-containing wastes.

Matt Wood Co-Presenter at 2024 PA Chamber’s Annual Environmental Conference

Environmental Attorney Matt Wood will co-present “Water Issues — PFAS” at the PA Chamber of Business and Industry’s Annual Environmental Conference on Thursday, October 24, 2024. This Conference brings together industry leaders, policymakers, and stakeholders to provide critical updates on environmental policy in the Commonwealth.

3rd Annual Marcellus Shale Water Business Update

Babst Calland joins the Oilfield Water Connection for its 3rd Annual Marcellus Shale Water Business Update on Thursday, August 8, 2024. During this conference, more than 100 E&P, midstream, and water service business leaders will gather in Pittsburgh for networking and discussion of the latest produced water industry trends pertaining to commercialization, business risks/opportunities, optimization, and capital allocation.

The Coming Storm, PFAS and the Future of Pennsylvania Municipal Authorities

The Authority

(by Michael Korns and Amanda Brosy)

Municipal authorities and other public entities in Pennsylvania have long been familiar with the weight and burden of DEP and EPA mandates and regulations. 

EPA Designates Two PFAS as CERCLA Hazardous Substances and Issues Related Enforcement Policy Focused on “Major PRPs”

Environmental Alert

(by Matt Wood and Jean Mosites)

On April 17, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its long-anticipated final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers, as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

U.S. Environmental Protection Agency Finalizes National Primary Drinking Water Regulations for Certain PFAS Chemicals

Environmental Alert

(by Jean Mosites and Mackenzie Moyer)

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) finalized the National Primary Drinking Water Regulation (NPDWR) Rule regulating six per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act, 42 U.S.C.

New to Whom? The Fifth Circuit strikes down EPA’s attempt to regulate ongoing uses of PFAS under TSCA’s “significant new use” provision.

Environmental Alert

(By Joseph Schaeffer and Sloane Wildman)

On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit issued an opinion in Inhance Technologies, L.L.C.

Senate Committee Hearing Examining PFAS as Hazardous Substances

(By Amanda Brosy, Matt Wood, and Jessica Deyoe)

On March 20, 2024, the Senate Committee on Environment &

PFAS and RCRA: EPA’s Latest Proposed Rules Significantly Expand Corrective Action Authority

Environmental Alert

(by Sloane Anders Wildman and Jessica Deyoe)

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) published two proposed rules to address per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants under the authority of the Resource Conservation and Recovery Act (RCRA).

EPA Releases PFAS Air Emissions Test Method Ahead Of Disposal Guide

EPA has released a much-anticipated test method to measure volatile, nonpolar fluorinated compounds, such as PFAS, in air emissions, including compounds that are products of incomplete combustion or incomplete destruction, a method that could help implement the pending update to EPA’s PFAS destruction and disposal guidance, which is undergoing White House review.

U.S. EPA Releases Second Annual Progress Report Updating its PFAS Strategic Roadmap, Highlighting Progress, Delays, and Future Actions

Environmental Alert

(By Matt Wood)

On December 14, 2023, the U.S. Environmental Protection Agency (EPA) released its Second Annual Progress Report to its 2021 PFAS Strategic Roadmap, summarizing updates on the agency’s actions and goals to address per- and polyfluoroalkyl substances, also known as PFAS. 

Trick or Treat? EPA Tightens Reporting Requirements for PFAS and other Chemicals of Special Concern

Environmental Alert

(By Joseph Schaeffer and Jessica Deyoe)

In a final rule published in the Federal Register this Halloween, which we previewed at the time of proposal, Environmental Protection Agency (EPA) increased the reporting requirements for per-and-polyfluoroalkyl substances (PFAS) and other chemicals of special concern under the Emergency Planning and Community Right-to-Know-Act, 42 U.S.C.

WVDEP Notifies Facilities of PFAS Reporting Requirements

Environmental Alert

(by Kip Power and Matt Wood)

At the end of August 2023, the West Virginia Department of Environmental Protection (WVDEP) began sending letters to facilities that the agency believes may be subject to new requirements to report production or use of specific per- and polyfluoroalkyl substances (PFAS). 

Matt Wood Co-Panelist at 2023 WV Brownfields & Main Street Conference

Attorney Matt Wood will be a co-panelist for “PFAS” during the 2023 WV Brownfields & Main Street Conference, September 12-14, 2023. For more information, click here.

EPA Adds Nine PFAS Chemicals to the Toxics Release Inventory Reporting List

Environmental Alert

(by Matt Wood and Mackenzie Moyer)

On June 23, 2023, the U.S. Environmental Protection Agency (EPA) published a final rule updating the Toxics Release Inventory (TRI) chemical list to add nine more per- and polyfluoroalkyl substances (PFAS).  

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