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Regulation of Products With PFAS

From cookware to dental floss to stain-resistant fabrics, PFAS, or per- and polyfluoroalkyl substances, pervade modern life. PFAS are a family of thousands of synthetic chemicals that have a variety of unique qualities that make them useful in industrial and consumer product applications. Unfortunately, there is a growing scientific recognition that many PFAS come with a cost to public health and the environment. While federal and state action is just beginning for PFAS and the regulatory landscape is changing quickly, the toxicity of many PFAS has been well-established.

89 FR 4944

EPA announced the availability of a request for information that seeks comment to inform the design of its National Farmworker Training and Education Program. 

89 FR 2983

United States v. Ohio Refining Co., No. 3:24-cv-00039 (N.D. Ohio Jan. 8, 2024). Under five proposed consent decrees, settling CERCLA, CWA, and OPA defendants that released hazardous substances and oil at the Duck & Otter Creeks NRDA Site near Toledo, Ohio, must collectively pay $7,225,909 in natural resource damages (NRD) and $903,239 as reimbursement for NRD assessment costs incurred by DOI.

89 FR 1822

EPA finalized a significant new use rule for 329 per- and polyfluoroalkyl substances that are designated as inactive on the TSCA Chemical Substance Inventory.

89 FR 1093

EPA released a decision framework for use by the Office of Pollution Prevention and Toxics New Chemicals Division for identification of eye irritation or corrosion hazards for new chemical substances based on prioritization of reproducible, human-relevant data. 

Dismantling Roadblocks to a Sustainable Transition

Green startups play a crucial role in the transition to a sustainable economy, yet there is a gap in the literature about the legal and policy challenges these startups face. This Article seeks to fill that gap through interviews, surveys, and focus groups with senior law firm partners experienced in advising green startups, senior pro bono counsel and staff, chief executive officers of early-stage green startups, and senior staff at nonprofit legal aid groups.

88 FR 88609

EPA announced the establishment of the Vector Expedited Review Voucher program, which will incentivize the development of new insecticides to control and prevent the spread of vector-borne disease. 

88 FR 87423

EPA announced the initiation of and seeks comment on the prioritization process for five chemical substances as candidates for designation as high-priority substances for risk evaluation under TSCA and related implementing regulations.

88 FR 85364

The Federal Highway Administration amended its regulations governing national performance management measures to require state departments of transportation and metropolitan planning organizations to establish declining carbon dioxide targets for the greenhouse gas emissions associated with transportation and report on progress toward the achievement of those targets. 

Can We Talk Climate? The SEC Disclosure Rule and Compelled Commercial Speech

The Securities and Exchange Commission’s (SEC’s) Climate Disclosure Rule has provoked heated controversy on many fronts. Several commenters have argued that the First Amendment precludes the SEC from demanding climate-related disclosures. This Article grapples with the unsettled state of “compelled commercial speech” doctrine, arguing that the rule’s constitutionality should be scrutinized using the prevailing rational basis test, and that even under the intermediate scrutiny test, the rule should be upheld.