On January 12, 2026, before leaving office, New Jersey Governor Phil Murphy signed S.B. 1042, the “Protecting Against Forever Chemicals Act,” into law, thus adding the Garden State to the list of states that have enacted legislative bans on the sale of certain product categories that contain intentionally added PFAS. Beginning in 2028, the law
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Biosolids and PFAS: A Regulatory Patchwork
Biosolids are treated waste solids generated from sewage sludge that have been processed so that they can be applied to land as a fertilizer. Advocates of biosolid use point to its ability to enrich soil without the use of synthetic fertilizers.
Biosolids have long been regulated by the Environmental Protection Agency (EPA) and state regulatory
Ringing in 2026 with a Look at Newly Effective State Regulation of PFAS in Products
January 1, 2026 was the effective date for a number of state law provisions relating to intentionally added PFAS in certain categories of products. July 1, 2026 will be the effective date for several more. As we have discussed in this blog, many states have restrictions that went into effect before 2026, and several have
State and Federal PFAS Litigation – 2019 to Q4 2025
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2025. We will continue to update these graphics on a quarterly basis
Oral Argument Scheduled in Hazardous Substance Designation Litigation
Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument has been scheduled for Tuesday, January 20, 2026.
On January 7, 2026, the U.S. Court of Appeals for the D.C. Circuit granted Respondent-Intervenors’ unopposed motion setting
Oral Argument Scheduled in PFAS Drinking Water Litigation
Following up on our previous update, the lawsuit brought by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water is scheduled for oral argument on Tuesday, January 20, 2026.
On January 7, 2026, the U.S. Court of Appeals for the D.C. Circuit granted Respondent-Intervenors’ unopposed motion setting the format for the oral-argument. Under
Update in PFAS Drinking Water Litigation
As previously reported, in the context of litigation by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water, the United States Environmental Protection Agency (“EPA”) filed a Motion to Vacate the MCLs for PFHxS, PFNA, HFPO‑DA, and the hazard‑index mixture (“Index PFAS”) that were promulgated under the Biden Administration. The EPA Motion
PFAS Product Labeling Requirements Set to Take Effect in Connecticut and New Mexico in the Coming Months
Both Connecticut and New Mexico are moving forward with regulations to implement statutory labeling requirements for products in certain categories that contain intentionally added PFAS. Connecticut’s labeling requirement will be effective July 1, 2026, and New Mexico’s, when approved and finalized, would go into effect January 1, 2027. Manufacturers should begin preparing now for these
EPA Proposes Significant Changes to the TSCA PFAS Reporting Rule That Would Expand Exemptions
As foreshadowed in EPA’s most recent Unified Agenda, EPA has proposed to add four significant categories of exemptions to the TSCA PFAS Reporting Rule (Rule), citing burdensomeness of the existing Rule. Under the Proposed Rule, these new exemptions would include:
This exemption would apply to any person
Update on NJDEP PFAS Settlements with 3M and DuPont Entities
On November 21, 2025, the New Jersey Department of Environment Protection (NJDEP) filed notice with the U.S. District Court for the District of New Jersey that on January 7, 2026, it will move for entry of the Judicial Consent Orders (JCO) with 3M and DuPont and its related companies (the DuPont Entities). NJDEP had previously