Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 23 FEBRUARY 2023

Maine Issues Proposed Rule Concerning PFAS-Containing Products

Arnold & Porter
Arnold & Porter
Contributor
Arnold & Porter

Arnold & Porter

With over 1,000 lawyers across 16 offices worldwide, Arnold & Porter is renowned for its...

View firm profile
Explore more from Arnold & Porter

The Department issued two pre-rulemaking "concept drafts" last year, one in June and one in late October 2022.

United StatesEnergy and Natural Resources
Lawrence E. Culleen
Lawrence E. Culleen
Elissa J. Preheim
Elissa J. Preheim
Judah Prero
Judah Prero
Author LinkedIn connections

On February 14, the Maine Department of Environmental Protection (the Department or DEP) initiated the long-awaited rulemaking process to implement notification requirements and sales prohibitions for products and product components containing intentionally added PFAS.

Background

As we previously discussed, in July 2021, the Maine legislature enacted the Act to Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution, 38 M.R.S. § 1614. The primary components of the law are a ban on the sale and distribution in Maine of any product that contains intentionally added PFAS starting January 1, 2030 and a requirement that manufacturers of such products submit a written notification to Maine DEP informing the Department of products they sell in the state that contain intentionally added PFAS. This later portion took effect January 1, 2023, at the same time a prohibition on the sale of PFAS-containing carpet, rug, or fabric treatment went into effect.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DOE’s AFFO Announces Intent To Award Up To $60 Million For Innovative Chemical, Fuel, And Fertilizer Technologies

The U.S. Department of Energy's Alternative Fuels and Feedstocks Office plans to award up to $60 million for projects that expand domestic energy production through innovative chemicals, fertilizers, fuels, and feedstock technologies. The funding opportunity will focus on three key areas: biointermediate depots, refinery integration with alternative feedstocks, and hydrogen/natural gas blending pilot sites. Applications are expected to open in November 2026 for research, development, and scale-up projects l
United StatesEnergy and Natural Resources
Bergeson & Campbell
Bergeson & Campbell
Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Senate Unveils Bipartisan Comprehensive Permitting Reform Bill

On September 30, 2026, Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Ranking Member Sheldon Whitehouse (D-RI), Senate Energy and Natural Resources (ENR) Committee Chair Mike Lee (R-UT), and Ranking Member Martin Heinrich (D-NM) unveiled the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653), a comprehensive permitting reform package aimed at accelerating approvals for energy, infrastructure, transmission, mining, manufacturing, and other major projects. The legislation represents the most significant bipartisan permitting reform effort in years and follows months of negotiations between Senate Republicans and Democrats.
United StatesEnergy and Natural Resources
Akin
Akin
Article

Root Causes Updates And Insights On Quality And Inspections

This issue covers U.S. Food and Drug Administration (FDA), Drug Enforcement Administration (DEA), and U.S. Health and Human Services (HHS) developments spanning inspections, enforcement, transparency, and emerging product categories. FDA’s drug center and inspections office have updated their framework for coordinating facility evaluations and inspections (ConOps 2.0), and FDA has changed how it processes post-approval facility withdrawals for New Drug Applications (NDAs) and Abbreviated New Drug Applications (ANDAs).
United StatesFood, Drugs, Healthcare, Life Sciences
Arnold & Porter
Arnold & Porter
Article

The Chemical Compound — Q3 2026

This quarterly newsletter examines critical developments in chemical regulatory law, covering litigation outcomes that reshape EPA's authority under TSCA, landmark Supreme Court decisions on pesticide labeling preemption, and emerging state and international frameworks governing PFAS and other chemicals of concern. The edition analyzes how recent Fifth Circuit rulings on methylene chloride regulations may fundamentally alter EPA's approach to risk evaluations and management rules across its entire existing
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

Pseudonymised, Not Anonymous: What The Italian Garante’s €7 Million IQVIA Fine Means For Health Data

The Italian data protection authority fined IQVIA Solutions Italy €7 million for treating patient records as anonymous when they were actually pseudonymised personal data subject to GDPR. This decision demonstrates regulators' strict interpretation of what constitutes personal data, even as the EU considers narrowing this definition through the Digital Omnibus reforms.
GlobalPrivacy
Arnold & Porter
Arnold & Porter
Article

FDA Issues Prescription Drug Use-Related Software Guidance After A Several-Year Delay

The FDA has finalized guidance on Prescription Drug Use-Related Software (PDURS), establishing how drug labeling authorities apply to software disseminated by pharmaceutical sponsors. This regulatory framework distinguishes between software essential to safe drug use and promotional applications, while clarifying submission requirements and clinical evidence standards for including software functions in FDA-approved prescribing information.
United StatesFood, Drugs, Healthcare, Life Sciences
Arnold & Porter
Arnold & Porter
Article

Generative AI Is Reshaping The Defense Of Complex Litigation

Generative AI is transforming litigation defense by enabling in-house legal teams to manage costs and complexity more effectively across the entire case lifecycle. From early research and drafting through expert witness strategy and trial preparation, AI tools are helping defense teams work faster and more consistently. How are these technologies reshaping the way sophisticated counsel approaches multidistrict litigation, mass torts, and large-scale document management?
United StatesMedia, Telecoms, IT, Entertainment
Arnold & Porter
Arnold & Porter
Article

The FCC’s Next Move On Supply Chain Security: What Manufacturers Need To Know

The Federal Communications Commission has proposed sweeping changes to its equipment authorization program that would reorganize security restrictions around where devices are manufactured rather than who makes them. These new measures could fundamentally reshape how communications equipment—from smartphones to data center hardware—enters the U.S. market, with significant implications for manufacturers relying on foreign production.
United StatesGovernment, Public Sector
Arnold & Porter
Arnold & Porter
Article

FTC Issues Rigorous Requirements On Using AI-Assisted Review Or Technology-Assisted Review To Respond To Investigational Subpoenas

The Federal Trade Commission has introduced stringent new requirements for parties using technology-assisted review or artificial intelligence in document production during investigations, mandating extensive upfront disclosures, prescriptive performance metrics, and validation processes. These requirements represent a significant departure from previous FTC practice and may discourage parties from using AI or TAR due to increased complexity and agency oversight. Parties now face critical decisions about wh
United StatesLitigation, Mediation & Arbitration
Arnold & Porter
Arnold & Porter
Article

Before The FCA: CMS And HHS Leaders Discuss Administrative Tools Leading Healthcare Fraud Enforcement

Federal healthcare fraud enforcement leaders reveal a strategic shift at CMS and HHS-OIG, where administrative sanctions—including enrollment moratoria, revocations, and exclusions—now serve as the first line of defense against fraud, often preceding False Claims Act litigation. The panel discussion at AHLA's Fraud and Compliance Forum outlined how agencies are leveraging data analytics, financial crimes intelligence, and cross-program coordination to identify and shut down fraudulent providers
United StatesFood, Drugs, Healthcare, Life Sciences
Arnold & Porter
Arnold & Porter