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Patching a Persistent Problem: PFAS and RCRA’s Citizen Suit Provision

Per- and polyfluoroalkyl substances (PFAS) are a toxic, environmentally persistent class of chemicals that have been used widely in consumer products. Despite growing evidence of adverse health effects associated with PFAS exposure, the U.S. Environmental Protection Agency has not yet promulgated a legally enforceable standard for any of the individual chemicals in the PFAS group. This has resulted in largely unrestricted disposal of PFAS waste and dispersal of these persistent chemicals throughout the environment.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

A California appellate court upheld the state Office of Environmental Health Hazard Assessment's (OEHHA's) decision to list bisphenol A (BPA) as a chemical known to cause reproductive toxicity under the state Safe Drinking Water and Toxic Enforcement Act. An industry group sought to enjoin the listi...

Center for Biological Diversity v. Bernhardt

A district court dismissed for lack of standing a challenge to a 2018 FWS memorandum that withdrew a 2014 memorandum stating the Service's intent to phase out most uses of neonicotinoid pesticides and genetically modified crops (GMCs) within the National Wildlife Refuge System. Environmental groups ...

H.R. 8261

S. 4572

H.R. 8231

White Plains Housing Authority v. BP Products North America Inc.

A district court held that an oil company was liable for a plume of gasoline beneath a former gasoline station that was migrating toward nearby housing units in White Plains, New York. A housing authority brought claims under RCRA, arguing its property was contaminated by discharges of gasoline and ...

Schmucker v. Johnson Controls, Inc.

A district court denied injunctive relief to residents in a lawsuit concerning soil and groundwater contamination at and adjacent to a manufacturing facility in Goshen, Indiana. Residents living adjacent to the facility brought a citizen suit under RCRA, arguing that the contamination might present ...