Energy & Environment
State Attempts to Limit ESG Investment Are Faring Poorly in the Courts
September 22, 2024 | Jason Phillips
October 31, 2023 | Daniel Kampf
Key Takeaways:
This article is part of our latest series: Major Issue Trends in 2023: State Legislative Recap. In this series, our experts examine the high-level legislative trends they saw in the 2023 state sessions. In addition to discussing the most prevalent issues considered by state policymakers, they explore some of the more surprising emerging trends we noticed, plus what to expect in 2024 for many of these policy areas. The series will be released during November and December, with new articles each week. Explore the full series here, and be sure to sign up for our email list so you don’t miss out on any articles (check the “Blog Posts” box).
States are moving to address “forever chemicals,” which do not break down naturally, can accumulate over time, and are found in a wide range of consumer products. Collectively, these thousands of chemicals are known as perfluoroalkyl and poly-fluoroalkyl substances (PFAS). This year, states enacted bills banning certain products that contain PFAS, appropriating funds to remediate PFAS, or creating studies to address the issue. We expect that the 2024 legislative session will see increased action by state legislatures to address PFAS in products, water, firefighter gear, and more.
During the 2023 legislative session, Oregon enacted SB 543, which will prohibit a person from selling or distributing foodware containers that contain intentionally-added PFAS. In Minnesota, SF 1955 was signed into law and will require a pesticide registrant to annually provide a statement that a product does not contain any intentionally added PFAS, beginning in 2026. Maine passed a law (LD 1248) prohibiting the sale of bottled water containing a PFAS contaminant in an amount that exceeds state or federal standards. Various states have also included PFAS remediation in their enacted budget and appropriations bills in the 2023 session, including Alaska (HB 39), Arizona (SB 1720), California (AB 102 and SB 101), Connecticut (HB 6941), Delaware (SB 160), Florida (SB 2500), Minnesota (HF 2310 and HF 1999), New York (SB 4004 and AB 3004), Vermont (HB 145), and Wisconsin (SB 70).
As we look towards the 2024 legislative session, we expect to see similar legislation introduced, particularly in blue states, that further touch on the issues of PFAS in products and consumer/food packaging, firefighting foam and equipment, and remediation. We also expect more states to introduce legislation establishing committees to study PFAS remediation or the effects of PFAS in products on public health and the environment.
MultiState’s team is actively identifying and tracking legislation related to PFAS and other chemicals so that businesses and organizations have the information they need to navigate and effectively engage with emerging laws and regulations. If your organization would like to further track PFAS or other related environmental issues, please contact us.
September 22, 2024 | Jason Phillips
May 21, 2024 | Bill Kramer
May 8, 2024 | Chris Mattox