As previously discussed, biosolids (also referred to as sewage sludge), are commonly used in agriculture, mine reclamation, and landscaping to provide nutrients to soils and promote plant growth. Concerns related to the potential presence of PFAS in biosolids
PFAS and Emerging Contaminants
The PFAS and Emerging Contaminants blog, published by Fox Rothschild LLP, focuses on legal developments related to per- and polyfluoroalkyl substances (PFAS) and other emerging environmental contaminants. It covers regulatory updates such as state-level product labeling requirements, sales bans, and reporting rules under federal statutes like TSCA. The blog also discusses litigation and settlement developments involving major manufacturers, challenges to EPA regulatory designations, and state environmental agency determinations on exemptions and unavoidable uses. The content addresses compliance strategies, enforcement trends, and policy shifts impacting manufacturers, importers, and other stakeholders in industries affected by PFAS regulations.
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Latest from PFAS and Emerging Contaminants
U.S. EPA Withdraws Proposed Rule Listing PFAS as RCRA Hazardous Constituents
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 the withdrawal, U.S.EPA stated the proposed rule is not necessary…
EPA Is One Step Closer to Scaling Back PFAS MCLs
On May 1, 2026, the White House Office of Management and Budget (OMB) completed its interagency review and cleared two EPA proposed rules that would scale back the Biden-era PFAS National Primary Drinking Water Regulation (NPDWR). As we previously reported…
EPA’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 Priority Goal (APG). The APGs will guide the agency’s work…
State and Federal PFAS Litigation – 2019 to Q1 2026
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the first quarter of 2026. We will continue to update these graphics on a quarterly basis

NJDEP Granted More Time to Support the 3M and DuPont PFAS Settlements
New Mexico Legislature Requests Reevaluation of Key Exemption from PFAS Product Sales Ban Statute
As we’ve discussed in a prior post, among states that have enacted statutory restrictions on sales of products containing intentionally added PFAS, New Mexico has been unique in crafting an exemption for fluoropolymers, which were carved out from the…
Parties 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 Response, Compensation, and Liability Act (“CERCLA”). The D.C. Circuit heard…
Court Denies EPA’s Motion to Sever and Stay Challenges to MCLs for Four Index PFAS
On March 19, 2026, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit denied EPA’s request to sever and stay challenges to drinking water standards, known as MCLs, for four PFAS (PFHxS, PFNA, HFPO‑DA, and mixtures…
New Jersey Enacts PFAS-in-Products Statute with Category-Based Sales Ban, Labeling for Cookware, and Funding of Source Reduction and Research Programs
On January 12, 2026, before leaving office, New Jersey Governor Phil Murphy signed S.B. 1042, the “Protecting Against Forever Chemicals Act,” into law, thus adding the Garden State to the list of states that have enacted legislative bans on the…