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
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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…
Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations
Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing intentionally added per- and polyfluoroalkyl substances…
Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court
State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially comingled PFAS contamination caused by…
Reading Tea Leaves Regarding EPA’s PFAS Agenda Under Administrator Zeldin
By Aaron Mapes
One month into the tenure of new EPA administrator Lee Zeldin, EPA’s initiatives regarding PFAS remain unclear. A read of the tea leaves from Zeldin’s confirmation hearing and the Trump administration’s early actions suggest general support for existing PFAS…
Unclear Fate for NY PFOA and PFOS Soil Cleanup Objectives
By GEORGE DUKE
Regulation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) in soils under New York’s remedial programs was a little erratic in 2024. As to their inclusion in the New York State Department of Environmental Conservation’s (NYSDEC) regulations found at 6…
Litigation Over PFAS MCLs on Hold for Now
A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals.
In a February 7, 2025, decision, the U.S. Court of Appeals for the…
PENNVEST Awards $28M of PFAS Funding, Bringing Total to $95M
By Aaron Mapes
PENNVEST Awards $28M of PFAS Funding, Bringing Total to $95M
On January 22, 2025, the Pennsylvania Infrastructure Investment Authority (PENNVEST) announced funding awards totaling $288.2M for 39 drinking water, wastewater, and non-point source projects across 24 counties in Pennsylvania.…
State and Federal PFAS Litigation – 2019 to Q4 2024
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the fourth quarter of 2024. We will continue to update these graphics on a quarterly basis.