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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 rules—both issued during the Biden administration—remain stayed in federal court, and it still unclear whether the current Administration will defend, revise or withdraw them. At the same time, congressional interest appears to be intensifying. On May 1, a bipartisan PFAS Task Force was relaunched in the House of Representatives, signaling renewed legislative focus on PFAS policy.

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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 and (2) all present and future PFAS-related claims that the State of New Jersey has (or may have in the future) against 3M.

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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.

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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 on Executive Order 14219 and the broader “Department of Government Efficiency” initiative and calls for a sweeping review and repeal process.

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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 responsibility.

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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 the maximum contaminant levels (MCLs) established for six PFAS under the Safe Drinking Water Act. 89 Fed. Reg. at 32,532-33; 40 C.F.R. §§ 141.900-905. The court had previously granted EPA’s February 7 request for a 60-day stay to allow for initial review of the rule. The EPA has until May 12, 2025, to file future motions in the MCL challenge.

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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. 1968).

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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 Substances Control Act (TSCA). The resolution, H.J.Res.76, introduced by Reps. Clay Higgins (R-LA) and William Timmons (R-SC), seeks to nullify EPA’s December 2024 rulemaking, Updates to New Chemicals Regulations Under the Toxic Substances Control Act (89 Fed. Reg. 102773).

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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.

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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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