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Articles by Donald Sobelman
Navigating California's Waste Discharge Requirements for Wineries | JD Supra
The California Statewide General Waste Discharge Requirements (WDR) for Winery Process Water - commonly known as the general winery order - is creating significant compliance challenges statewide. Adopted by the State Water Resources Control Board in January 2021, the order regulates the discharge of processed wastewater and solids to land, requiring eligible wineries to obtain coverage and meet monitoring, reporting, and operational standards.
Navigating California’s waste discharge requirements for wineries
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Navigating California’s waste discharge requirements for wineries
Getting your Trinity Audio player ready... Donald Sobelman (Gittings Photography) The California Statewide General Waste Discharge Requirements (WDR) for Winery Process Water — commonly known as the general winery order — is creating significant compliance challenges statewide.
Navigating California’s Waste Discharge Requirements for Wineries
Articles North Bay Business Journal By Donald Sobelman, Farella Braun + Martel and Mehran Ebrahimi, PE, GSI Environmental Inc. The California Statewide General Waste Discharge Requirements (WDR) for Winery Process Water — commonly known as the general winery order — is creating significant compliance challenges statewide.
D.C. Circuit Court of Appeals Denies Petitions Challenging the Designation of PFOA and PFOS as Hazardous Substances Under CERCLA | JD Supra
On August 18, 2026, the D.C. Circuit Court of Appeals denied petitions challenging EPA's April 2024 designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA.
[Webinar] Navigating the Statewide Winery Order: Applicability, Challenges & Compliance
As of January 2024, most wineries in California that discharge winery waste to land were required to enroll under the current General Waste Discharge Requirements (WDRs) for Winery Process Water, issued by the State Water Resources Control Board in 2021. In addition, certain Napa County wineries that are currently covered under Napa County’s program will need to enroll under these WDRs by January 2027.
PFAS or Not?: TOF Analysis Poses Tough Challenges for Identifying PFAS | JD Supra
[co-author: Kristin Robrock, Ph.D.] Per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” are a very diverse set of organic chemical compounds containing fluorine that have historically been used in a wide range of consumer products and industrial settings.Due to governmental concerns about the potential impact of PFAS on human health and the environment, regulation of these compounds is continuing to increase very quickly at the state and federal levels, both...
Risks Remain for Housing Developers After Recent CEQA Reforms
Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Expert OpinionEnvironmental Law The legislation requires compliance with a tribal consultation process, as well as the cleanup of sites impacted by hazardous substance contamination. Motivated project opponents will also still find ways to slow or block projects, particularly through creative litigation claims.
Legislation Banning “Forever Chemicals” in Food Packaging in California by 2028 Will Likely Become Law | JD Supra
The California Senate recently passed a bill, SB 682, that would essentially eliminate the use of per-and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” in food packaging within the state, as of January 1, 2028.
Risks Remain For Housing Developers After Recent CEQA Reforms | JD Supra
On June 30, 2025, California Governor Gavin Newsom signed into law significant reforms to the California Environmental Quality Act (CEQA), seeking to promote housing projects in a state that desperately needs them. Much of the initial reaction was very positive, praising the move as streamlining the approval process and eliminating a key source of risk for housing developers, with respect to project costs and delays.
EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances | JD Supra
EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA. Thus far, the D.C. Circuit Court of Appeals has granted three of EPA’s unopposed motions to hold related litigation in abeyance: (1) on February 24, 2025 for 60 days (addressed in a prior blog post here); (2) on April 30, 2025 for 30 days; and (3) on June 2, 2025 for 30 days (addressed in a prior blog post here).
Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup Costs under Section 107 | JD Supra
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory relief for future cleanup costs under CERCLA Section 107. The decision involves a Superfund site consisting of a thirty-five mile stretch of the Kalamazoo River in southwest Michigan.
EPA Continues Reassessment of its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances | JD Supra
The EPA is continuing to reevaluate whether to change its position regarding the Biden administration’s 2024 listing of PFOA and PFOS as hazardous substances under CERCLA. As reported in our March 15 update (available here), on February 24, 2025, the D.C. Circuit Court of Appeals granted EPA’s unopposed request for a stay of pending legal challenges to the former administration’s action.
Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
By Donald Sobelman ( May 19, 2025, 5:12 PM EDT) -- California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
ADVERTISEMENT Don't want ads? Subscribe or login now. By Donald Sobelman ( May 19, 2025, 5:12 PM EDT) -- California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change.... A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence. Over 200 articles are published daily across more than 60 topics, industries, practice areas and jurisdictions.
EPA Announces Interim Rule Further Delaying TSCA Section 8(a)(7) PFAS Reporting by Nine Months | JD Supra
On May 12, 2025, EPA announced that it will publish an interim rule further delaying by nine months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011 and 2022.
Comment Period Extended Again for Federal PFOA/PFOS Risk Assessment for Sewage Sludge Applied to Agricultural Land as Fertilizer | JD Supra
Interested parties — including businesses raising crops or animals on agricultural and ranch lands potentially impacted by PFAS in groundwater; entities operating wastewater treatment plants (WWTPs); and related interest groups and associations — should be aware that the public comment period has been further extended until August 14, 2025 for EPA’s Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), notice of which was originally...
California Legislation Banning Wide Range of PFAS-Containing Products (SB 682) Moves Forward in Senate Committees | JD Supra
The California Senate’s Environmental Quality Committee recently passed, as amended, SB 682, and referred the bill to the Senate Committee on Health for a further hearing. If ultimately enacted as law, SB 682 would result in the phase-out of a vast range of consumer products and many commercial/industrial products containing any amount of “intentionally added PFAS,” starting in 2027.
Industrial Company Files Action Challenging EPA Disclosure of Confidential Business Information Submitted to EPA During Enforcement Action Proceedings | Farella Braun + Martel LLP - JDSupra
On April 2, 2025, Inhance Technologies LLC initiated an action in the U.S. District Court for the District of Columbia—Inhance Technologies LLC v. Zeldin, Case No. 1:25-cv-00980-JEB—challenging EPA’s refusal to withhold allegedly “highly confidential test data” from disclosure in response to a Freedom of Information Act (FOIA) request.
EPA Signals Potential Change of Position Regarding Key 2024 PFAS Rulemakings | JD Supra
In February 2025, newly installed EPA leadership sought and obtained orders from the D.C. Circuit Court of Appeals staying pending legal challenges to two key rulemaking actions by the former administration: the setting of Maximum Contaminant Levels for six PFAS in drinking water under the Safe Drinking Water Act (SDWA), and the listing of PFOA and PFOS as hazardous substances under CERCLA.
Comment Period Closing in 30 Days (April 16) on Federal PFOA/PFOS Risk Assessment for Sewage Sludge Applied to Agricultural Land as Fertilizer | JD Supra
Interested parties—including businesses raising crops or animals on agricultural and ranch lands potentially impacted by PFAS in groundwater; entities operating wastewater treatment plants (WWTPs); and related interest groups and associations—should be aware that the public comment period closes in one month, on April 16, 2025, for EPA’s Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), notice of which was published on January 15,...
[Webinar] “Forever Chemicals” and Their Impact on the Wine Industry - February 19th, 9:00 am - 10:00 am PT | JD Supra
"Forever chemicals," continue to make headlines and are rapidly becoming a focal point of state and federal regulations, as well as environmental, product and personal injury litigation. These persistent chemicals called per- and polyfluoroalkyl substances (PFAS), once widely used in various industries, including agriculture, consumable products, and manufacturing, are now recognized by the USEPA as a significant risk to human health and the environment.
EPA Announces Automatic Addition of Nine Additional PFAS to Toxics Release Inventory | JD Supra
On January 3, 2025, EPA issued a press release announcing that nine additional PFAS had been added to the Toxics Release Inventory (TRI) for Reporting Year 2025. These nine PFAS were automatically added to the TRI pursuant to Section 7321(c) of the National Defense Authorization Act for Fiscal Year 2020 (NDAA), and a total of 205 PFAS are now subject to TRI reporting for Reporting Year 2025. Reporting forms for Reporting Year 2025 are due by July 1, 2026.
EPA Announces Draft Human Health Criteria for Three PFAS in Waterbodies | JD Supra
On December 19, 2024, EPA announced draft national recommended human health criteria (HHC) for three PFAS in waterbodies: perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorobutane sulfonic acid (PFBS).
EPA Issues Supplemental Proposed Rule Updating SNURs for 17 PFAS | JD Supra
On November 29, 2024, EPA issued a supplemental proposed rule to update significant new use rules (SNURs) previously proposed for 17 PFAS under Section 5 of the Toxic Substances Control Act (TSCA). A SNUR creates a notification requirement for significant new uses of a chemical, and provides EPA with the opportunity to review and make a risk determination for those significant new uses. EPA previously proposed SNURs for these 17 PFAS on December 2, 2022 (87 Fed. Reg.
Defense Insights As PFAS Consumer Product Claims Rise | JD Supra
[i] See, e.g., McDowell v. McDonald’s Corp.,No. 1:22-cv-01688 (N.D. Ill. Mar. 31, 2022); Hussain v. Burger King Corp., No. 4:22-cv-02258-HSG (N.D. Cal. Apr. 11, 2022); Lupia v. Recreational Equip., Inc., No. 4:22-cv-02510 (N.D. Cal. Apr. 25, 2022); Dickens v. Thinx Inc., No. 1:22-cv-4286-JMF (S.D.N.Y. May 25, 2022); Krakauer v. Recreational Equip., Inc., No. 3:22-cv-05830-BHS (W.D. Wash. Oct. 28, 2022).
Defense Insights As PFAS Consumer Product Claims Rise
By Sarah Bell, Donald Sobelman and Christopher Rendall-Jackson ( November 22, 2024, 3:53 PM EST) -- If the first two waves of PFAS litigation focused on impacts to natural resources — namely groundwater — and personal injury claims alleging exposure to PFAS, the third wave of PFAS litigation has certainly arrived.... Law360 is on it, so you are, too. A Law360 subscription puts you at the center of fast-moving legal issues, trends and developments so you can act with speed and confidence.
Defense Insights As PFAS Consumer Product Claims Rise
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EPA Proposes Addition of 16 Individual and 15 Categories of PFAS to the TRI | JD Supra
On October 8, 2024, the EPA proposed adding 16 individual and 15 categories of PFAS to the Toxics Release Inventory (TRI) list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). As part of this proposed rule, a number of individually listed PFAS will be reclassified as categories of PFAS, which will automatically include the acid and the associated salts, acyl/sulfonyl halides, and the anhydride.
[Event] Green Light or Red Flag? Critical Environmental Considerations in Real Estate Acquisitions - November 14th, San Francisco, CA | JD Supra
Buying a commercial or industrial property can be a great opportunity—but it can also be fraught with financial peril and regulatory risk if you don’t properly assess environmental liabilities.
California AB 2515 signed into law, establishes significant penalties for the manufacture and sale of menstrual products containing regulated PFAS | JD Supra
On September 30, 2024, California Governor Gavin Newsom announced that he signed AB 2515 into law.
EPA Publishes Direct Final Rule Delaying TSCA Section 8(a)(7) PFAS Reporting by Eight Months | JD Supra
On September 5, 2024, EPA published a direct final rule delaying by eight months the one-time reporting required under TSCA section 8(a)(7) for entities manufacturing or importing PFAS at any time between 2011-2022. This rule amends the final rule EPA published on October 11, 2023, which is addressed in a prior blog post available here, specifying a six-month submission period from November 12, 2024, through May 8, 2025.
Multi-State Petition to EPA Seeks Listing of Four PFAS Compounds as Hazardous Air Pollutants Under the Clean Air Act, Sarah Bell, Chris Rendall-Jackson, Don Sobelman | Farella Braun + Martel LLP - JDSupra
Three states have lodged a petition with EPA, seeking the listing of four PFAS compounds as hazardous air pollutants (HAPs) under the Clean Air Act (CAA).
Pending Legal Challenge to EPA Designation of PFOA and PFOS as CERCLA Hazardous Substances | JD Supra
A legal challenge is pending in the D.C. Circuit Court of Appeals with respect to EPA’s April 19, 2024 final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA (discussed in the April 19 summary, below). A Petition for Review was jointly filed on June 10 by the U.S. Chamber of Commerce, the Associated General Contractors of America (AGC), and the National Waste & Recycling Association (NWRA).
[Event] CEQA Decoded: Air Quality Analysis for Bay Area Projects - August 22nd, San Francisco, CA | JD Supra
July 25, 2024 August 22nd San Francisco, CA To embed, copy and paste the code into your website or blog: August 22nd, 2024 11:00 AM - 12:00 PM PST Farella Braun + Martel One Bush Street 9th Floor San Francisco, CA 94104 Join our next “CEQA Decoded” series program for Bay Area professionals, addressing key aspects of air quality impact analysis under CEQA, and highlighting the latest revisions to BAAQMD and City of San Francisco guidelines.
CalRecycle Publishes Updated Covered Material Categories List As Part of California’s EPR Law | JD Supra
On July 1, 2024, CalRecycle published an updated list of covered material categories as required by California’s extended producer responsibility (EPR) law. SB 54 was signed into law by Governor Newsom in June 2022 and established California’s EPR law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act. This law applies to “covered materials,” and requires CalRecycle to publish a list of covered material categories.
Fourth Circuit Affirms that Federal Courts Lack Jurisdiction to Review EPA Grant of Petition Under TSCA to Test Fifty-Four PFAS | JD Supra
On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances Control Act (TSCA) to test 54 PFAS. Four citizen groups (“Petitioners”) had petitioned EPA under TSCA to require testing of 54 PFAS that Petitioners alleged were prevalent in their community.
Two Legal Actions Challenge New EPA Maximum Contaminant Levels (MCLs) for Six PFAS in Drinking Water | JD Supra
Two legal challenges have been filed in the D.C. Circuit Court of Appeals with respect to EPA’s April 10, 2024, final rule setting legally enforceable Maximum Contaminant Levels (MCLs) for six PFAS in drinking water (discussed in our April 10 summary here).
CalRecycle Issues RFP for SB 54 Disposal Facility-Based Material Characterization Study | JD Supra
On May 31, CalRecycle posted a Request for Proposal (RFP) for a Disposal Facility-Based Material Characterization Study pursuant to SB 54. SB 54 was signed into law by Governor Newsom in June 2022.
Notice of Intent to Sue EPA Under TSCA Given Regarding PFOA in Fluorinated Plastic Containers | JD Supra
On May 17, 2024, Public Employees for Environmental Responsibility (PEER) and Center for Environmental Health (CEH) gave notice of intent to sue under section 20(a)(2) of the Toxic Substances Control Act (TSCA).
The Recent SB 343 Preliminary Findings Report: Recycling the Law of Unintended Consequences in California | JD Supra
SB 343 was passed by the California Legislature and signed into law by Governor Newsom in 2021, and it was intended to limit deceptive or misleading claims about the recyclability of products and packaging. It sought to do so by limiting claims of recyclability—including use of the well-known chasing arrows symbol—to products and packaging that meet certain criteria.
Federal Legislation Passed to Support Airports’ Transition to PFAS-Free Firefighting Foams | JD Supra
On May 16, 2024, President Biden signed the FAA Reauthorization Act of 2024 (the “Act”), which includes two provisions supporting airports’ transition to PFAS-free firefighting foams. Section 762 of the Act, also known as the Save Our Airports Reporting (SOAR) Act, requires EPA and the Secretary of Defense to report to Congress every six months on the development and implementation of a national plan to transition to fluorine-free firefighting foam.
“All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024 | JD Supra
On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS will thus be effective on July 8, 2024.
New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability | JD Supra
On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund. PFOA and PFOS are part of a broad class of per- and polyfluoroalkyl substances (PFAS).
New PFAS Federal Drinking Water Standards Create Major Liability and Litigation Risk | JD Supra
The United States Environmental Protection Agency has released a final regulation setting individual drinking water maximum contaminant levels (MCLs) for five per-and polyfluoroalkyl substances (PFAS). These MCLs are incredibly stringent due to EPA’s stated concerns about the human health impacts of PFAS exposure. Because PFAS are ubiquitous in water supplies at levels above these new limits, public water systems will incur massive compliance costs.
Fifteen California Cities and Water Districts File a Lawsuit on the Heels of EPA’s Announcement of MCLs for PFAS in Drinking Water | JD Supra
Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements imposed by those new standards. The complaint states that a principal purpose of the lawsuit is to recover the costs of cleaning up PFAS contamination in groundwater allegedly caused by PFAS-containing products manufactured by the eight defendants.
A Familiar Name Among the Recent NPL Listings – the Now-Bankrupt Exide Technologies | JD Supra
Two more facilities previously owned by Exide Technologies appear on the National Priorities List (NPL), and are now among the highest priority facilities being targeted by EPA for cleanup under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Among the five sites added to the NPL on April 8, 2024, are the Exide Baton Rouge site, located in Baton Rouge, Louisiana, and the Former Exide Technologies Laureldale site, located in Laureldale, Pennsylvania.
EPA Announces Enforceable Contaminant Levels for Six PFAS in Drinking Water | JD Supra
On April 10, 2024, EPA announced the final National Primary Drinking Water Regulation (NPDWR) establishing legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for six PFAS in drinking water.
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