EPA Administrator Lee Zeldin recently issued a press release that “Announces Major EPA Actions to Combat PFAS Contamination.” As we generally expected, the announcement did not include plans to rescind Biden-era PFAS rules or regulations, though EPA subsequently announced that it would be rescinding drinking water standards (known as MCLs) for PFHxS, PFNA, GenX,
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EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS
EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”), at 4 parts per trillion (“ppt”) but develop a rulemaking to extend the compliance deadline for these MCLs until 2031. EPA
New Mexico Enacts Sweeping Statute Phasing in Restrictions on PFAS in Products, Contemplating “Currently Unavoidable Use” Exemptions
In early April 2025, New Mexico enacted a statute restricting intentionally added PFAS in products, similar in scope to Maine’s and Minnesota’s existing laws. The New Mexico statute imposes a ban on sales and distribution within New Mexico for multiple categories of products containing intentionally added PFAS, which will become effective January 1, 2027 for
Litigation Over PFAS Designation as Hazardous Substances Remains on Hold
On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances. (89 Fed. Reg. 39124 (May 8, 2024).
The U.S. Environmental Protection Agency (EPA) requested an additional 30 days
EPA Publishes Draft Risk Assessment of PFOA and PFOS in Sewage Sludge
On January 15, 2025, the United States Environmental Protection Agency (EPA) released a Draft “Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS)” for public comment. EPA recently extended the public comment period and is now accepting comments on the draft risk assessment until August 14, 2025. EPA said it
State and Federal PFAS Litigation – 2019 to Q1 2025
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the first quarter of 2025. We will continue to update these graphics on a quarterly basis,
EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation
On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and respondent-intervenors do not oppose the request.
This case, which challenges EPA’s PFAS National Primary Drinking Water Regulation (89 Fed. Reg. 32532,
Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations
Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing intentionally added per- and polyfluoroalkyl substances (PFAS), including long-awaited details on the criteria and process by which entities subject to the
Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court
State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially comingled PFAS contamination caused by PFAS from consumer and other non-AFFF products. One reason for doing so: attempting to keep
Reading Tea Leaves Regarding EPA’s PFAS Agenda Under Administrator Zeldin
One month into the tenure of new EPA administrator Lee Zeldin, EPA’s initiatives regarding PFAS remain unclear. A read of the tea leaves from Zeldin’s confirmation hearing and the Trump administration’s early actions suggest general support for existing PFAS regulations and funding initiatives. However, it is unclear how this will fit in with the