Minnesota’s Pollution Control Agency (MPCA) held a public hearing on May 22, 2025 concerning its proposed rules that would implement PFAS-in-products reporting requirements and associated fees on entities covered by Amara’s Law (which we have previously discussed here and here). The Minnesota Office of Administrative Hearings, which presided over the May hearing, has announced
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Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation
EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA.
EPA requested the U.S. Court of Appeals for the D.C. Circuit to grant a 45-day extension in the stay of the litigation challenging six MCLs (PFOA,…
Will Proposed Cuts to EPA’s Budget Impact EPA’s PFAS Action Plan?
The White House Office of Management and Budget (“OMB”) sent President Trump’s recommendations for the fiscal year 2026 budget to the Senate Appropriations Committee on May 2, 2025. The proposal includes significant cuts to EPA’s budget including:
- A decrease of $2.46 billion to the state revolving fund which states use on projects such as water
…
Observations Regarding EPA’s Recently Announced PFAS Plans
By Aaron Mapes
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,…
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,…