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
By Vanessa Pinto on
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
By Adam H. Cutler on
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
By Vanessa Pinto on
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
By Karen H. Davis on
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
By Vanessa Pinto on
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 CaseMinnesota Extends Its PFAS-in-Products Reporting DeadlineAfter Significant Public Comments
By Karina Zakarian & Adam H. Cutler on
After evaluating public comments on its proposed PFAS-in-products reporting rules (see our previous posts here and here), the Minnesota Pollution Control Agency (MPCA) has agreed to exercise its…
Continue Reading Minnesota Extends Its PFAS-in-Products Reporting DeadlineAfter Significant Public CommentsPause Continues in Litigation Over PFAS MCLs and Hazardous Substances Designation
By Vanessa Pinto on
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…
Continue Reading Pause Continues in Litigation Over PFAS MCLs and Hazardous Substances DesignationWill Proposed Cuts to EPA’s Budget Impact EPA’s PFAS Action Plan?
By Karen H. Davis on
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…
Continue Reading Will Proposed Cuts to EPA’s Budget Impact EPA’s PFAS Action Plan?Observations Regarding EPA’s Recently Announced PFAS Plans
By Aaron Mapes on
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…
Continue Reading Observations Regarding EPA’s Recently Announced PFAS Plans