State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially comingled PFAS contamination caused by PFAS from consumer and other non-PFAS products. One reason for doing so: attempting to keep
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Reading Tea Leaves Regarding EPA’s PFAS Agenda Under Administrator Zeldin
One month into the tenure of new EPA administrator Lee Zeldin, EPA’s initiatives regarding PFAS remain unclear. A read of the tea leaves from Zeldin’s confirmation hearing and the Trump administration’s early actions suggest general support for existing PFAS regulations and funding initiatives. However, it is unclear how this will fit in with the
Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives
Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of Environmental Conservation’s (NYSDEC) regulations found at 6 NYCRR Part 375, PFOA and PFOS were in…until they were out. As to their inclusion
Litigation Over PFAS MCLs on Hold for Now
A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals.
In a February 7, 2025, decision, the U.S. Court of Appeals for the D.C. Circuit temporarily halted a lawsuit brought by the American Water Works Association and others.
PENNVEST Awards $28M of PFAS Funding, Bringing Total to $95M
PENNVEST Awards $28M of PFAS Funding, Bringing Total to $95M
On January 22, 2025, the Pennsylvania Infrastructure Investment Authority (PENNVEST) announced funding awards totaling $288.2M for 39 drinking water, wastewater, and non-point source projects across 24 counties in Pennsylvania.[1] According PENNVEST’s Chairman, the awards include over $28M for “PFAS projects,” which generally
State and Federal PFAS Litigation – 2019 to Q4 2024
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis.
Briefing Underway in Challenge to Maximum Contaminant Limits (MCLs) for PFAS in Drinking Water
Petitioners filed their opening briefs in the consolidated challenge to the Environmental Protection Agency’s (“EPA’s”) Final Rule establishing Maximum Contaminant Levels (“MCLs”) and Maximum Contaminant Level Goals (“MCLGs”) for six PFAS in drinking water.
Three petitions were filed this summer in U.S. Court of Appeals for the D.C. Circuit by American Water Works Association (“AWWA”)
Minnesota Seeks Comment on Rules Implementing Reporting Requirement for Products Containing Intentionally Added PFAS and Associated Fees
Following up on the rulemaking process presaged by Minnesota’s comprehensive statute (Amara’s Law) requiring phase outs of PFAS intentionally added to products, which we’ve previously discussed here and here, the Minnesota Pollution Control Agency (MPCA) has issued a new request for comments that consolidates two separate earlier requests for comments on proposed
EPA’s Third Annual PFAS Progress Report
On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The accomplishments highlighted by EPA include:
- Protecting drinking water: EPA reported its accomplishments in protecting drinking water include the establishment of drinking water
President Elect Announces Proposed USEPA Administrator
President-elect Donald J. Trump announced on Monday, November 11, 2024, his intention to nominate former Representative Lee Zeldin, Republican of New York, as the Administrator of the United States Environmental Protection Agency, after President-elect Trump takes office in January 2025.
While the next Trump Administration and former Representative Zeldin generally are expected to pursue a