U.S. EPA is withdrawing its proposed rule to list nine PFAS as RCRA hazardous constituents. U.S.EPA announced the withdrawal in the Federal Register on May 8, 2026. In announcing
Continue Reading U.S. EPA Withdraws Proposed Rule Listing PFAS as RCRA Hazardous ConstituentsEPA’s FY 2027 Budget Signals Continued Focus on PFAS
Notwithstanding the proposed 50% reduction in EPA’s Fiscal Year 2027 budget , the agency has identified reducing Per- and Polyfluoroalkyl Substances (PFAS) Risks to the Public as an Agency…
Continue Reading EPA’s FY 2027 Budget Signals Continued Focus on PFASParties Trade Post‑Argument Letters Over EPA’s PFAS Hazardous Substance Designation
We previously reported that the U.S. Chamber of Commerce and two other trade groups are challenging EPA’s designation of PFOA and PFOS as hazardous substances under the federal Comprehensive Environmental…
Continue Reading Parties Trade Post‑Argument Letters Over EPA’s PFAS Hazardous Substance DesignationBiosolids and PFAS: A Regulatory Patchwork
Biosolids are treated waste solids generated from sewage sludge that have been processed so that they can be applied to land as a fertilizer. Advocates of biosolid use point to…
Continue Reading Biosolids and PFAS: A Regulatory PatchworkOral Argument Scheduled in Hazardous Substance Designation Litigation
Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument…
Continue Reading Oral Argument Scheduled in Hazardous Substance Designation LitigationUpdate in PFAS Drinking Water Litigation
As previously reported, in the context of litigation by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water, the United States Environmental Protection Agency (“EPA”) filed a…
Continue Reading Update in PFAS Drinking Water LitigationEPA 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…
Continue Reading EPA Proposes Significant Changes to the TSCA PFAS Reporting Rule That Would Expand ExemptionsPetitioners 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…
Continue Reading Petitioners File Reply Brief Challenging EPA’s PFAS Hazardous Substance DesignationEPA’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…
Continue Reading EPA’s Rule Agenda Includes Multiple PFAS InitiativesPFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case
The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA…
Continue Reading PFAS Drinking Water Rule Litigation Stay Lifted; 30-Day Extension Sought in Hazardous Substance Designation Case