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
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
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
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
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
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
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
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
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
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