PFAS POLICY

Facing Industry Criticism, Kessler Defends Minnesota’s PFAS Reporting Rule

Minnesota’s top environment official is defending the state’s rule governing its PFAS-containing product reporting and fees program in the face of significant criticism from industry groups that have charged that it is overly burdensome, especially compared to the federal Toxic Substances Control Act (TSCA) reporting requirements. Minnesota’s proposed per- and polyfluoroalkyl substances (PFAS) reporting rule, which would require manufacturers by Jan. 1, 2026, to report information about intentionally added PFAS in their products, previously drew attention from lawyers because it...

Scientists Push Back Against International Effort To Narrow PFAS Definition

A group of U.S. and international scientists is pushing back against growing efforts to narrow a widely recognized definition of PFAS, an issue that could determine which of the thousands of chemicals in the class are subject to evaluation and possible regulation. The group -- comprised of scientific experts on per- and polyfluoroalkyl substances (PFAS) from the United States, Europe, Canada and Japan -- is concerned that the work by an international chemical standard-setting body to redefine the term is...

Lawyers Warn Of Emerging Tort Suits Against Downstream Users Of PFAS

NEW YORK -- Defense lawyers are raising concerns about an emerging “second wave” of PFAS litigation against water suppliers, grocery stores and other downstream PFAS users that are being targeted by plaintiffs despite not having produced the chemicals, underscoring the renewed call for protections against liability for such parties. “In a case where you bring a product liability action against the manufacturer, that company has created the product, designed the product, sold and profited from that product, and probably has...

States’ PFAS Work Likely To Suffer Under EPA’s FY26 Budget Cuts

EPA’s plan to slash funding for state environmental and water infrastructure programs in its fiscal year 2026 budget is expected to significantly undercut states’ abilities to finance upgrades to drinking water systems to meet upcoming PFAS requirements and may undermine state efforts to regulate PFAS on their own, utility and other sources say. “We knew the Trump administration would gut the EPA staff and funding but hoped that states would take the lead on [per- and polyfluoroalkyl substances (PFAS)] in...

Trump EPA Draws Industry Criticism After Backing PFOA, PFOS Science

Industry-aligned scientists are criticizing the Trump EPA for upholding the Biden-era drinking water standards for the two most-studied PFAS, arguing the science underlying the standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) is flawed. The Trump EPA “missed the mark by not removing the regulations for PFOA and PFOS,” Susan Goldhaber, an environmental toxicologist, wrote in a June 2 article published by the American Council on Science and Health (ACSH), a research nonprofit with a history of industry...

MDL Court Outlines Path Leading Up To First PFAS Personal Injury Trial

The federal court overseeing multidistrict litigation (MDL) on PFAS contamination stemming from firefighting foam has set a schedule leading up to the first trial to hear personal injury claims, with three kidney cancer cases serving as bellwethers after the judge declined to try the kidney cases with testicular cancer cases as the plaintiffs had sought. Judge Richard Gergel of the U.S. District Court for the District of South Carolina, who is overseeing the massive MDL governing claims related to aqueous...

California Lawmaker Scales Back Bill For Future PFAS-Product Bans

A leading California lawmaker is significantly scaling back his bill to ban a variety of products containing intentionally added PFAS by dropping prohibitions slated to take effect in 2035 and 2040, amid strong opposition by industry and business groups. “We’re still in negotiations with the industry to lock those details down,” says a spokesman for Sen. Ben Allen (D-Santa Monica), author of the measure, SB 682 . “Even with those details coming into effect though, it is not misleading to...

Lawmakers Reintroduce Bill To Require VA Health Care For PFAS Exposure

A group of House lawmakers have reintroduced a bill that would require the Department of Veterans Affairs (VA) to provide veterans with health care and benefits to treat medical conditions associated with PFAS exposure, while also recognizing PFAS exposure, and the diseases it causes, as service-connected conditions for impacted veterans. “Our veterans have sacrificed so much in defense of our freedoms,” Rep. Mike Lawler (R-NY), who introduced the bill, says in a May 29 press release . “We must honor...

Rep. Pingree Criticizes EPA For Cutting PFAS Agriculture Research Funds

Rep. Chellie Pingree (D-ME), a key appropriator, is criticizing the Trump EPA for cancelling grants that funded multiple research projects focused on PFAS contamination in agriculture, even as the administration’s Make America Healthy Again (MAHA) report called for more research on the cumulative impacts from multiple PFAS exposures. “Numerous Maine farmers have had their livelihoods disrupted due to PFAS contamination, and while Maine has been leading the nation in combating PFAS contamination, there is still much to learn and federal...

Parties Battle Over ‘Irreparable Harm’ For Injunction In PFAS Permit Suit

Environmentalists and PFAS manufacturer Chemours are at odds over how to define “irreparable harm” to satisfy requirements for a preliminary injunction in litigation over the company’s wastewater permit violations, as a court weighs whether to act now to force the company to limit its discharges at a facility in line with an existing permit. At issue is whether a company’s continuing violations of water quality-based permit limits for per- and polyfluoroalkyl substances (PFAS) -- which in the case of its...

California Advances Bills Targeting PFAS, Chemical Use In Products

California’s Senate and Assembly are advancing several bills to ban PFAS from certain products, and restrict other chemicals in food and consumer products, though the state’s $12 billion budget deficit has created a new layer of uncertainty over whether bills with significant price tags will be enacted. “These bills reflect growing momentum in California to close dangerous loopholes in chemical safety,” said Bernadette Del Chiaro, a senior vice president of the Environmental Working Group (EWG), which is a cosponsor of...

D.C. Circuit Grants EPA’s Request For Another Stay In SDWA PFAS Case

The D.C. Circuit has granted EPA’s fourth request to delay litigation challenging the Biden-era drinking water rule, giving the agency until July 21 to determine next steps in the case after officials announced they would extend compliance deadlines for two of the six PFAS subject to the rule while reconsidering limits for the other four. In a June 5 order , the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s request to continue abeyance in American...

Consultants Grapple With ‘Due Diligence’ For Biosolids Containing PFAS

Environmental consultants are grappling with whether the application of PFAS-containing biosolids to farmland triggers “due diligence” requirements for landowners under a Phase I environmental assessment due to EPA’s Superfund PFAS rule or if those requirements can be avoided per the Superfund law’s exclusion for fertilizer application. The effects of these legal questions are potentially significant because it could create uncertainty in real estate transactions since prospective purchasers seeking protection from potential Superfund liability are required to comply with the relevant...

EPA Seeks Additional 45-Day Stay In Suit Challenging SDWA PFAS Rule

EPA is asking the D.C. Circuit to again extend the stay of litigation challenging the Biden-era rule setting limits on PFAS in drinking water, seeking another 45 days to determine next steps in the case after announcing last month that the agency would retain part of the rule while rescinding and reconsidering other aspects of it. The agency June 4 filed an unopposed motion to continue abeyance in American Water Works Association (AWWA), et al. v. EPA for an...

State Regulators Criticize Lack Of Guidance From EPA On PFAS Actions

NEW YORK -- State PFAS regulators are raising concerns about the lack of guidance and information they have received from the Trump administration on PFAS regulations, such as recent changes made to the Biden-era drinking water rule, amid continuing efforts to tackle contamination at the state level despite significant costs. “I think all of the states right now are having some challenges interacting [with EPA],” Joaquin Esquivel, board chair of the California State Water Resources Control Board, said during a...

EPA Faces Looming Deadlines To Make Key Decisions On Major PFAS Rules

EPA has outlined general policy plans for addressing PFAS contamination but it remains ambiguous on the details of just how far it will go in regulating the chemicals and how it may address competing interests, sources say, though the agency has little time to make some key decisions as it faces looming court deadlines. “You can only regulate and posture by press release for so long,” one industry attorney says, referring to press releases issued by EPA in recent weeks...

Doubting Justification, Industry Urges EPA To Cut PFAS Monitoring In MSGP

PFAS manufacturers and other groups are urging the Trump EPA to drop first-time PFAS monitoring requirements from the Biden administration’s proposed multi-sector general permit (MSGP), arguing that EPA fails to justify why such extensive and costly stormwater monitoring is necessary for 23 of 30 sectors subject to the permit’s requirements. In recent comments, several groups urged EPA to withdraw and repropose the draft permit without the per- and polyfluoroalkyl substances (PFAS) monitoring requirements the plan currently contains. “The Agency has...

Trump EPA Still Evaluating Path Ahead For PFAS Rules, Top Official Says

NEW YORK -- The Trump EPA is still figuring out how to move ahead with PFAS regulations, such as the landmark Biden-era drinking water and Superfund rules, a top official says, as the agency seeks a range of stakeholder feedback to determine how to mitigate costs and other compliance issues. “Everything was on the table for each of the actions that we have been reviewing and [we’re] really trying to understand what is the best path forward,” Travis Voyles, EPA’s...

EPA Asks For Additional Stay In Litigation Challenging CERCLA PFAS Rule

Facing competing pressures from key groups, EPA is asking for an additional 30-day stay in pending industry litigation challenging the Biden EPA rule designating two PFAS as Superfund “hazardous substances,” the third such request officials have sought as they work to evaluate the rule and decide how to proceed in the litigation. As expected, the agency May 30 filed a motion with the U.S. Court of Appeals for the District of Columbia Circuit to request an additional stay of 30...

EPA Faces Competing Pressures Over Plans For CERCLA PFAS Rule

A bipartisan group of House lawmakers -- 40 Democrats and 4 Republicans -- is urging EPA to retain the Biden-era rule designating two PFAS as Superfund “hazardous substances” while industry groups call for its repeal, highlighting the tricky task the agency faces as it weighs next steps in litigation over the measure. The competing pressures come as a top EPA official says the agency is likely to ask a federal appellate court for more time to decide what to do...

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