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
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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
Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance Designation
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
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