New PFAS Tool Tracks Shifting Laws and Regulations Around 'Forever Chemicals'

Ballard Spahr has launched an application to track developments related to per- and polyfluoroalkyl substances—known as PFAS—to help businesses navigate increasing regulation of the chemicals, used widely in consumer products from cookware to clothing.

The U.S. Environmental Protection Agency (EPA) recently set the first-ever limits on PFAS levels in drinking water and listed two of the most studied PFAS as “hazardous substances” under the Superfund law. State-level regulatory activity has been increasing as well—raising numerous questions and concerns about liability and risk resulting from the longtime use of PFAS in products and manufacturing.

Ballard Spahr’s PFAS Legislation Tracker was developed by attorneys in the firm’s Environment and Natural Resources Group in close coordination with its Client Value and Innovation Team. The interactive dashboard monitors and displays key information about new and proposed federal and state environmental laws and regulations, as well as consumer product bans and other measures aimed at PFAS. The dashboard tracks legislative action across areas of regulation and enforcement, including environmental standards for drinking water, groundwater, and other environmental media, as well as in the consumer products space. The lawyers of Ballard Spahr’s PFAS Regulation, Enforcement, and Litigation practice represent a range of companies faced with PFAS-related uncertainties and challenges.

The PFAS Legislation Tracker allows the user to generate easy-to-read, onscreen reports and displays, such as interactive, state-by-state maps and information on bills, executive orders, and regulations. The tool also features a legislative session calendar and information on legislative trends.

“With the recent spate of legislative and regulatory activity, businesses facing existing or potential PFAS issues need support,” said Jason A. Leckerman, Chair of Ballard Spahr’s Litigation Department. “That’s why we built the PFAS Legislation Tracker. Our easy-to-use dashboard lets users retrieve, present, refine, and capture information companies need, with just a few clicks and keystrokes. It’s an example of how we go beyond the usual to provide solutions and value in the face of clients’ challenges.”

PFAS are a class of chemicals used worldwide for more than 70 years in a variety of commercial, industrial, and consumer products, from cookware, textiles, and food packaging to personal care and cosmetic products. Thousands of different PFAS, some more widely used and studied than others, include many used for their oil-, water-, temperature-, and fire-resistant attributes.

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