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PFAS Observer

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EPA Issues Second Extension of PFAS Reporting Timeline Under TSCA Section 8(a)(7)

On May 12, 2025, EPA announced that it will again revise the reporting timeline for manufacturers of per- and polyfluoroalkyl substances (PFAS) under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The data submission window will now open on April 13, 2026 and close on October 13, 2026, replacing…

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EPA’s PFAS Strategy Evolves Amid Continued Regulatory, Legislative, and Litigation Uncertainty

While the Trump administration’s PFAS policy framework is beginning to take shape, uncertainties remain across the regulatory, litigation and legislative fronts. On April 28, EPA Administrator Lee Zeldin announced a set of PFAS-related actions outlining a coordinated regulatory approach to addressing PFAS contamination. However, the Agency’s only two finalized PFAS…

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3M Agrees to Enter into Settlement with State of New Jersey and Pay up to $450 Million to Resolve Present and Future PFAS Contamination Claims

On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS contamination at Chambers Works manufacturing facility in Salem County, NJ…

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PFAS, HFCs and Related Chemicals in the Data Center Industry

Data centers use various chemicals that have recently been the focus of regulatory efforts at the federal and state level. The historic or future use of these chemicals may create liabilities, obligations, or new costs for both existing and planned data centers. PFAS Use in Data Centers Per- and polyfluoroalkyl…

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Presidential Memo Directs Immediate Repeal of Regulations Without Public Notice and Comment

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…

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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…

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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…

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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.…

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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…

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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…