PFAS and Emerging Contaminants

Minnesota continues refining its statutory restrictions on intentionally added PFAS in products (known as  Amara’s Law) as the state’s deadline for the statute’s reporting requirements approaches.  In early June 2026, an amendment to Amara’s Law was enacted that excludes products that contain intentionally added PFAS made before July 1, 2023 from the statute’s reporting requirement. 

U.S. EPA is withdrawing its proposed rule to list nine PFAS as RCRA hazardous constituents.  U.S.EPA announced the withdrawal in the Federal Register on May 8, 2026.  In announcing the withdrawal, U.S.EPA stated the proposed rule is not necessary since “existing regulations provide the tools to develop protective permit conditions, when necessary, without the

As we have previously reported here and here,  the New Jersey Department of Environment Protection (NJDEP) announced settlements with 3M and DuPont and its related companies (the DuPont Entities) valued together at $2.5 billion to resolve state-wide PFAS claims.  NJDEP moved to enter the settlements, embodied in Judicial Consent Orders (“JCOs”), in November 2025