Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal regulations that, in the administration’s view, are “unlawful” in light of ten recent U.S. Supreme Court decisions. The directive builds…
PFAS Observer
Wisconsin Budget Debate Rekindles Battle Over State PFAS Liability Exemptions
The question is not whether Wisconsin will act on PFAS—but who should pay the bill. As Wisconsin Governor Tony Evers rolls out a sweeping plan to tackle per- and polyfluoroalkyl substances (PFAS) contamination statewide, Republican lawmakers are doubling down on legislation that could exempt polluters and passive receivers from financial…
Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation
On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA, No. 24-1188 (D.C. Cir. 2024) to give new leadership time to evaluate…
Congressional Allocation Signifies EPA Intent to Maintain the One-Time PFAS Reporting Rule Under TSCA Section 8(a)(7)
Recently, Congress allocated approximately $17 million in EPA’s fiscal year 2025 budget to modernize outdated technical systems and accelerate chemical reviews which may help resolve ongoing concerns about the functionality and security of the agency’s Central Data Exchange (CDX), a key platform supporting the TSCA program (Sec. 1801(7) of H.R.…
House Republicans Seek to Rescind Late-Term EPA Rule Curtailing PFAS Exemptions for New Chemicals
House Republicans have introduced a joint resolution under the Congressional Review Act (CRA) to nullify a rule issued by the Environmental Protection Agency (EPA) late in the prior administration. The rule narrowed the availability of expedited review pathways for certain new chemical substances—including per- and polyfluoroalkyl substances (PFAS)—under the Toxic…
EPA Signals Potential PFAS Policy Pivot Under New Administrator
In March, EPA Administrator Lee Zeldin addressed top state environmental officials, highlighting the Agency’s priorities for the year ahead. Without committing the EPA to an official stance, Zeldin reaffirmed his commitment to “cooperative federalism” by engaging with states on environmental challenges ranging from per- and polyfluoroalkyl substances (PFAS) to permitting…
Maryland Files PFAS Suit Against Downstream Manufacturer
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…
Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift
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…
New York and California’s Restrictions on PFAS in Apparel Takes Effect
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. Applicability of…
Uncertain Times Ahead for EPA Regulation of PFAS
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,…