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The U.S. Environmental Protection Agency (EPA) has proposed major amendments to the 2024 National Primary Drinking Water Regulations (NPDWR) for per- and polyfluoroalkyl substances (PFAS) in the form of two proposed rules published on May 20, 2026. The proposals would extend compliance deadlines while preserving enforceable limits for two PFAS compounds, PFOA and PFOS, and rescind drinking water standards for four additional PFAS compounds.

In “EPA Proposes Major Changes to PFAS Drinking Water Rule,” Reza Zarghamee and Cara M. MacDonald explain why the proposals mark a significant shift from the Biden administration’s April 2024 PFAS National Primary Drinking Water Regulation, which established nationwide enforceable standards for drinking water for six PFAS compounds.

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State regulation of per- and polyfluoroalkyl substances (PFAS) continues to accelerate in 2026, with Minnesota and Maine leading the charge. As PFAS regulation from the federal government has slowed, states have driven a complex and rapidly evolving compliance landscape that affects manufacturers and retailers across industries. Regulated entities must brace themselves for initial reporting deadlines, with Minnesota’s first compliance deadline looming on September 15, 2026. In their recent update on Minnesota’s efforts, Reza Zarghamee and Cara MacDonald unpack the latest developments, deadlines and implications.

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On April 13, 2026, the Texas Attorney General’s Office issued a Civil Investigative Demand (CID) to Lululemon USA Inc. based on the alleged presence of PFAS in the company’s apparel. According to Paxton’s announcement, the investigation is necessary to determine whether Lululemon engaged in deceptive trade practices by marketing itself as a health-conscious and sustainable brand and subsequently selling products containing PFAS. A positive determination could form the basis for future enforcement.

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The Safe Drinking Water Act (SDWA) is the primary federal law that protects drinking water quality and authorizes the EPA to promulgate regulations to limit harmful contaminants in public water systems. Under § 1412(b)(1)(B)(i) of the SDWA, the U.S. Environmental Protection Agency (EPA) must publish a Contaminant Candidate List (CCL) every five years identifying emerging contaminants that are not yet subject to a Maximum Contaminant Level (MCL) but that may pose a public health risk. CCLs are the first step in the SDWA regulatory process and are used to drive research into the listed contaminants to better understand health impacts, occurrence data, and risk levels. The CCL process is used to inform future regulatory action but does not impose any regulatory requirements in itself.

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As the U.S. Environmental Protection Agency contemplates significant reductions in scope to its one-time reporting rule for per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA), state laws linger. In particular, it may be worthwhile for companies to revisit the Maine and Minnesota PFAS in products laws, which apply broadly to consumer and commercial products.

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There has been a flurry of recent federal activity regarding PFAS on the part of the U.S. Environmental Protection Agency (EPA). EPA has doubled down on certain regulatory fronts, defending key hazardous substance designations for PFOA and PFOS, while simultaneously scaling back certain PFAS drinking water limits. These developments, together with EPA’s latest Unified Regulatory Agenda, reveal a more targeted approach to PFAS regulation in certain respects while, on the whole, continuing the march toward increased governmental obligations.

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Enacted into law in 2023, Minnesota’s “Products Containing PFAS” legislation, Minn. Stat. § 116.943 (also known as “Amara’s Law”), imposes obligations on manufacturers, importers, and distributors of products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS).

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On July 22, 2025, the U.S. Court of Appeals for the District of Columbia (D.C.) Circuit granted a motion by the Environmental Protection Agency (EPA) to lift the abeyance in consolidated litigation challenging the agency’s National Primary Drinking Water Regulation (NPDWR) for PFAS, finalized by the Biden administration in April of 2024.

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On June 5, 2025, the U.S. Court of Appeals for the D.C. Circuit granted the EPA’s third request to continue holding in abeyance consolidated litigation challenging the agency’s national drinking water regulation for six per- and polyfluoroalkyl substances (PFAS), including PFOA and PFOS. The court’s order in American Water Works Association, et al. v. EPA, No. 24-1188, gives the agency until July 21, 2025, to advise the court how it intends to proceed.

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On May 14, 2025, EPA announced its intent to rescind the national drinking water standards for hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), perfluorononanoate (PFNA), and perfluorohexanesulfonic acid (PFHxS), as well as the hazard index used to evaluate the combined risk of those compounds and perfluorobutane sulfonic acid (PFBS). These Maximum Contaminant Levels (MCLs) were finalized in April 2024 under the prior administration. EPA says it will reconsider the regulatory determinations “to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act” (SDWA).

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