As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA. On November 14, 2025, petitioners filed their Joint Reply Brief in the U.S. Court of Appeals for the D.C. Circuit, again urging the court to vacate EPA’s Final
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Maine DEP Issues Initial Currently Unavoidable Use Determinations for PFAS-Containing Products Subject to Impending Sales Prohibition
Updating our earlier post from March 2025, Maine has completed a regulatory process and has adopted updates to its PFAS in products rules to identify two approved Currently Unavoidable Use (CUU) exemptions from the state’s phased ban on in-state sales of products with intentionally added PFAS. The first phase of the ban, which is
PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation Case
On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigation in abeyance due to the lapse in appropriations as a result of the government shutdown. The order directed the parties to file motions governing further proceedings within ten days after
State and Federal PFAS Litigation – 2019 to Q3 2025
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2025. We will continue to update these graphics on a quarterly basis
Minnesota’s Proposed PFAS Reporting Rules Are Disapproved for Procedural and Substantive Deficiencies
We’ve been following Minnesota’s proposed PFAS-in-products reporting rules for the past several months. As part of the rulemaking process under the Minnesota Administrative Procedures Act, and following public comment and a public hearing, a Minnesota Administrative Law Judge (ALJ) last month identified procedural and substantive deficiencies with the Minnesota Pollution Control Agency’s (MPCA) proposed rule
A Year Later, How is PFAS Being Addressed in Phase I ESAs?
It has now been over a year since PFOA and PFOS – two types of PFAS – were designated as hazardous substances under CERCLA, the federal Superfund law. Among the consequences of these designations was that PFOA and PFOS became subject to the ASTM standard for Phase I Environmental Site Assessments (“ESAs”), meaning environmental
EPA’s Rule Agenda Includes Multiple PFAS Initiatives
On September 4, 2025, EPA released its Unified Agenda which includes plans for a number of per- and polyfluoroalkyl substances (PFAS) regulatory actions. The PFAS regulatory agenda is consistent with Administrator Zeldin’s April 2025 announcement regarding combatting PFAS contamination but includes more details. (See our prior post regarding the announcement.) The PFAS regulatory agenda includes
Update: NJDEP v. DuPont/Chemours, et al. Schedule for 3M and Dupont / Chemours Settlements
As previously reported, the ongoing mini-trials related to PFAS at the Chambers Works facility in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, 3M ET AL., Docket No. 19-cv-14766 (RMB/JBC) were abruptly put on hold on June 30, 2025. By August 4, 2025, the reason was
PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case
The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known as GenX, and PFBS). On August 1, the parties submitted a joint request to the Court seeking the following: 1)
UPDATE: Minnesota Announces 6-Month Extension of PFAS-in-Products Reporting Deadline, to July 1, 2026
Updating our recent post, the Minnesota Pollution Control Agency (MPCA) has now clarified its recent statement, following significant public comment, that it would exercise its statutory authority to extend the compliance deadline for its proposed reporting rules for products containing intentionally added PFAS. The MPCA announced on July 23, 2025, that the reporting deadline