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Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of polytetrafluoroethylene (PTFE), including Teflon®-branded PTFE. The complaint asserts that Gore sourced PTFE from E.I. DuPont de Nemours and Company (DuPont) and Chemours Company—two PFAS manufacturers already facing lawsuits from Maryland—and used it to manufacture expanded PTFE (ePTFE), a microporous material incorporated into various products, including GORE-TEX® breathable, water-resistant fabrics used in outdoor and athletic apparel.

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In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging Biden-era PFAS regulations. The stays, issued on February 7 and February 25, 2025, temporarily pause litigation over EPA’s maximum contaminant levels (MCLs) for several per- and polyfluoroalkyl substances (PFAS) under the Safe Drinking Water Act and the agency’s designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Both stays were requested by the EPA and its new administrator, Lee Zeldin, as the second Trump administration appears to be reassessing its approach to PFAS regulation. The move raises questions about whether the administration will revise or rescind these regulations.

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New York and California have recently imposed sweeping prohibitions on the sale of apparel containing per- and polyfluoroalkyl substances (PFAS). These prohibitions have a broad scope and are effective and enforceable as of January 1, 2025. Clothing companies and their suppliers will be impacted by these state regulations.

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With 2024 winding down and a change of presidential administration imminent, it is worthwhile to consider the state of EPA’s efforts to regulate per- and polyfluoroalkyl substances (PFAS). In this connection, EPA recently released its third annual Progress Report on the Agency’s 2021 PFAS Strategic Roadmap. This most recent report, which comes in the waning months of the Biden administration, highlights key EPA accomplishments in addressing PFAS over the past year and identifies areas for continued action in the months and years to come. However, it remains to be seen whether the second Trump administration will follow through on these action items.

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Litigation risks associated with per and polyfluoroalkyl substances (PFAS) continue to grow, as demonstrated by settlements over the last year in the set of claims being adjudicated in a multidistrict litigation (MDL-2873) in the U.S. District Court for the District of South Carolina (“MDL”) and other recent lawsuits.

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With appropriations settled until December 20, Congress now has one other piece of “must-pass” legislation to address: the National Defense Authorization Act (NDAA). The NDAA authorizes the activities of the Department of Defense (DoD) for the following fiscal year and the legislation has passed on a bipartisan basis for over 60 consecutive years. Included in the House and Senate NDAAs are different provisions concerning PFAS that will need to be reconciled prior to passage.

In Bipartisan Legislation Presents Opportunity for Passing PFAS Laws, colleagues Reza Zarghamee, Aimee P. Ghosh and Amaris Trozzo provide an overview of the PFAS provisions that may or may not be included in the final bill.

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A lawsuit filed earlier this year highlights potential PFAS liability exposure for fertilizer manufacturers, especially those that produce biosolid-based products. Five Texas farmers have sued Synagro Technologies, alleging that high levels of PFAS in the company’s biosolid-based fertilizers contaminated their water, soil and livestock. The lawsuit alleges that Synagro knew about the presence of PFAS in its fertilizers and failed to warn product users about the adverse health effects associated with exposure to PFAS.

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On October 1, 2024, the U.S. Environmental Protection Agency (EPA) proposed to add 16 individual per- and polyfluoroalkyl substances (PFAS) as well as 15 PFAS categories, representing over 100 PFAS to the Toxics Release Inventory (TRI) under Section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). This proposal would be a significant expansion to the database. EPA is also proposing to set a reporting threshold of 100 pounds for manufacture, processing and other uses, consistent with previously set PFAS TRI reporting requirements. As proposed, all the PFAS in one category would count toward the 100-pound threshold of a given category. Last, the proposal aims to clarify how PFAS are automatically added to the TRI under the National Defense Authorization Act for Fiscal Year 2020 (NDAA) by clarifying how EPA finalizes toxicity values.

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On September 30, 2024, the U.S. Environmental Protection Agency (EPA) issued a notice seeking comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS) during the fluorination of high-density polyethylene (HDPE), which is used to produce plastic containers used for various household consumer, commercial and industrial products. The notice marks the latest step in EPA’s attempt to regulate plastic fluorination and potential concurrent PFAS contamination under Section 6 of the Toxic Substances Control Act (TSCA).

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On September 5, the U.S. Environmental Protection Agency (EPA) cut industry a significant break by postponing the reporting period for the one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) by eight months. Originally, the TSCA Rule established a reporting period that would begin on November 12, 2024, and, for most companies,1 end on May 8, 2025. These deadlines have now been pushed out to July 11, 2025, and January 11, 2026, respectively.

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