Updating our earlier post from March 2025, Maine has completed a regulatory process and has adopted updates to its PFAS in products rules to identify two approved Currently Unavoidable Use (CUU) exemptions from the state’s phased ban on in-state
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.
Latest from PFAS and Emerging Contaminants - Page 3
PFAS Drinking Water Standards Litigation Paused Amid Government Shutdown; Briefing Scheduled for Hazardous Substance Designation Case
On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigation in abeyance due to the lapse in appropriations as a result of the government shutdown.…
State and Federal PFAS Litigation – 2019 to Q3 2025
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the third quarter of 2025. We will continue to update these graphics on a quarterly basis

Minnesota’s Proposed PFAS Reporting Rules Are Disapproved for Procedural and Substantive Deficiencies
We’ve been following Minnesota’s proposed PFAS-in-products reporting rules for the past several months. As part of the rulemaking process under the Minnesota Administrative Procedures Act, and following public comment and a public hearing, a Minnesota Administrative Law Judge (ALJ) last…
A Year Later, How is PFAS Being Addressed in Phase I ESAs?
It has now been over a year since PFOA and PFOS – two types of PFAS – were designated as hazardous substances under CERCLA, the federal Superfund law. Among the consequences of these designations was that PFOA and PFOS…
EPA’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 Administrator Zeldin’s April 2025 announcement regarding combatting PFAS contamination but…
Update: NJDEP v. DuPont/Chemours, et al. Schedule for 3M and Dupont / Chemours Settlements
As previously reported, the ongoing mini-trials related to PFAS at the Chambers Works facility in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, 3M ET AL., Docket No. 19-cv-14766 (RMB/JBC) were…
PFAS 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, PFOS, PFHxS, PFNA, HFPO-DA commonly known as GenX, and PFBS). On…
UPDATE: Minnesota Announces 6-Month Extension of PFAS-in-Products Reporting Deadline, to July 1, 2026
Updating our recent post, the Minnesota Pollution Control Agency (MPCA) has now clarified its recent statement, following significant public comment, that it would exercise its statutory authority to extend the compliance deadline for its proposed reporting rules for products…
State and Federal PFAS Litigation – 2019 to Q2 2025
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the second quarter of 2025. We will continue to update these graphics on a quarterly basis.
