States-PFAS

States

Industry Criticizes Washington State’s PFAS Ban For Total Fluorine Tests

Industry groups are criticizing Washington state regulators for using total fluorine (TF) tests as proof of intentionally added PFAS that would trigger compliance with the state’s product prohibitions and reporting requirements, arguing the presence of fluorine does not necessarily indicate the presence of PFAS and such tests may lead to false positives. “Throughout the proposed rule language, the text states that, ‘[the Department of Ecology] presumes the detection of total fluorine indicates the intentional addition of PFAS,’” said the American...

Minnesota Gives Manufacturers 6 More Months To Report PFAS Uses

Minnesota regulators will give PFAS manufacturers six more months, until July 1, 2026, to report their PFAS uses to the state, conceding to industry groups that significantly criticized Minnesota’s reporting rule for not giving them enough time to prepare. Officials also announced a seven-year extension -- until 2032 -- on Minnesota’s ban on intentionally added per- and polyfluoroalkyl substances (PFAS) found in internal components and electronic components of products, though they appear unlikely to grant industry requests to modify other...

Environmentalists Weigh Appeal Of New Mexico’s Narrow PFAS Fracking Ban

Environmentalists in New Mexico are weighing their next steps after the state’s oil commission declined their request to revisit its recent decision to ban PFAS in only oil and gas fracking rather than in all downhole operations, as the petitioners had originally sought, and the rule is expected to be filed with state officials in the near future. Tim Davis, an attorney for WildEarth Guardians (WEG), the environmental organization behind efforts to ban per- and polyfluoroalkyl substances (PFAS) in oil...

Industry Criticizes Minnesota’s PFAS Reporting Despite Deadline Extension

Industry groups are continuing to criticize Minnesota’s approach to reporting requirements for PFAS-containing products, including the strict due diligence standard and the lack of de minimis thresholds, even as they express appreciation for regulators’ decision to delay the Jan. 1, 2026, reporting deadline. The Minnesota Pollution Control Agency (MPCA) announced last month that it planned to delay the deadline for its sweeping per- and polyfluoroalkyl substances (PFAS) in products reporting program following industry criticism that there would not be...

Connecticut Urges 2nd Circuit To Reject 3M’s Bid For Federal Removal

Connecticut is urging the 2nd Circuit to reject 3M’s argument that the state’s PFAS contamination suit belongs in federal court, contending that an appellate ruling favoring federal removal in a similar case involving Maryland and South Carolina, that 3M heavily depends on, did not appropriately determine that 3M had a “colorable federal defense.” The U.S. Court of Appeals for the 4th Circuit’s “determination that 3M had satisfied the causal-nexus requirement was premised on a standard that is contrary to the...

Washington State Requires PFAS Biosolids Monitoring, Eyes More Steps

Washington state has enacted a comprehensive biosolids law requiring facilities to monitor PFAS contamination in biosolids, after which regulators will make recommendations on how the chemicals should be addressed, illustrating how states are forging ahead with tackling PFAS in biosolids despite federal inaction. The legislation, SB 5033 , takes effect July 27, after Gov. Bob Ferguson (D) signed it into law May 17. The bill unanimously passed the House April 10 on a 95-0 vote and the Senate April 17...

Federal Court Poised To Hear Challenge To Minnesota’s PFAS In Cookware Ban

A federal district court is poised to consider later this week cookware manufacturers’ challenge to Minnesota’s ban on PFAS-containing cookware, holding a hearing that will test whether the state’s comprehensive PFAS product prohibitions law -- the strictest in the country -- will survive legal action. Senior Judge John R. Tunheim of the U.S. District Court for the District of Minnesota will hold a general hearing July 11 on Cookware Sustainability Alliance (CSA) v. Kessler , which Minnesota Pollution Control Agency...

Lawyers Warn Of Burdens On Businesses From Broad PFAS Definitions

Industry lawyers are raising concerns about the significant compliance and economic impacts that broad and varied PFAS definitions will have on businesses, criticizing federal and state regulators that employ such definitions, despite little scientific justification, while saying they should rather focus on specific chemicals that have been well-studied. “The fluorine-carbon bond is one of the strongest single bonds in chemistry, and it’s the bond that basically says to water, oil, grease and heat, ‘You can’t touch me,’” said Derek Smith,...

North Carolina Governor Vetoes Bill Requiring Approvals For PFAS Rules

North Carolina Gov. Josh Stein (D) has vetoed recently passed legislation that would require PFAS and other rules to receive unanimous approval from the state’s environmental regulatory oversight panel before they can take effect, warning that the bill would significantly hinder effective environmental regulations. “This bill would make it harder for the state to keep people’s drinking water clean from PFAS and other dangerous chemicals, their air free from toxic pollutants, and their health care facilities providing high quality care,”...

Environmentalists Say North Carolina Bill Will Stall PFAS Water Protections

Environmentalists are raising concerns that a newly passed North Carolina bill, which mandates that the state’s environmental regulatory oversight panel vote unanimously to adopt certain rules, will give the panel yet another tool to stall PFAS protections for groundwater and surface water, both of which have been unable to advance through the panel. “This legislation gives the [Environmental Management Commission (EMC)] another avenue to delay action on PFAS rules by requiring a unanimous vote by the Commission in order for...

Minnesota Plans To Delay PFAS Reporting But Rejects Calls For Rule Fixes

Minnesota’s environmental agency is planning to delay the Jan. 1, 2026, deadline for its sweeping PFAS products reporting program, the latest regulatory agency to postpone such mandates, though the state is rejecting industry calls to ease the program’s implementing rules, which critics have charged are overly burdensome. “The agency has decided outside of the rulemaking process to issue an extension to the initial due date to ensure program success,” the Minnesota Pollution Control Agency (MPCA) said in a June 23...

Wisconsin High Court Upholds State’s PFAS Listing Under Spills Law

A divided Wisconsin Supreme Court has upheld the state’s designation of PFAS as “hazardous substances” under the state’s Spills Law, clearing the way for regulators to require responsible parties to report their releases, restore the environment and minimize any adverse effects. In a 5-2 ruling issued on June 24, the court sides on all issues with the Wisconsin Department of Natural Resources (DNR), rejecting an industry-backed effort that state regulators said would have blocked nearly all enforcement under the Wisconsin...

Environmentalists Push New Mexico Oil Panel To Expand PFAS Fracking Ban

Environmentalists are asking New Mexico’s oil commission to reconsider its recent decision to ban the use of PFAS only in oil and gas fracking rather than all downhole operations, arguing the panel overlooked record evidence that supports a broader ban, and that a rule limited to fracking would not deter all risks from PFAS contamination. “A PFAS prohibition that does not extend to all downhole operations is not a prohibition,” said WildEarth Guardians (WEG), along with New Energy Economy (NEE),...

Illinois PFAS Products Ban Exempts Internal Components, Refrigerants

Illinois lawmakers have passed a bill to ban the sale of certain PFAS-containing consumer products by Jan. 1, 2032, although the legislation notably exempts electronic or internal components and refrigerants, reflecting the continued efforts by stakeholders to secure carve-outs in state prohibitions for certain products they deem critical or hard to replace. The bill also requires the Illinois EPA to study fluoropolymers, a type of per- and polyfluoroalkyl substances (PFAS) that industry often argues are not as toxic as other...

Washington State Moves To Regulate PFAS-Containing Paints, Artificial Turf

Washington state is forging ahead with its plan to ban or require reporting of architectural paints and artificial turf with intentionally added PFAS despite criticism from industry that the fluoropolymers in paint do not have the same toxicity concerns. The state is also seeking public comment on its separate plan to regulate 12 other products with per- and polyfluoroalkyl substances (PFAS), including apparel, automotive washes and cleaning products. Washington’s Department of Ecology earlier this month released a final report that...

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...

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...

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...

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