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 reform at the Environmental Council of States Spring Meeting. At the meeting, Zeldin told state officials the EPA is in the process of figuring out how to best address concerns coming from water utilities regarding the timing and funding of the substantial infrastructure investment required to meet the Biden-era PFAS standards.
Articles Posted in Trump Administration
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 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.
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, 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.