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Companies that use chemicals containing PFAS (per- and polyfluoroalkyl substances) could face sizable legal issues as these materials continue to face mounting regulatory scrutiny. PFAS comprise unique physical and chemical properties to create a water repellency and are commonly used in coatings for textiles, paper products, food packaging, cookware, firefighting foams, carpets, outdoor sportswear and more.
Fox Rothschild’s environmental attorneys are fluent in the science, regulations and case law surrounding PFAS. On this blog, they will provide updates and cover major developments in PFAS and emerging contaminants as regulatory developments arise.
Recent Blog Posts
PFAS Risks Are Everywhere
PFAS are everywhere and may represent risk to your organization. To better understand recent developments and how to identify and mitigate associated risks, check out our recent alert: PFAS Are Everywhere. Here’s How to Mitigate Your Legal Risks…More
PADEP’s Plans to Address PFAS in Biosolids
As previously discussed, biosolids (also referred to as sewage sludge), are commonly used in agriculture, mine reclamation, and landscaping to provide nutrients to soils and promote plant growth. Concerns related to the potential presence of PFAS in biosolids have led to increased regulatory scrutiny, including through EPA’s Draft Risk Assessment for PFOA and PFOS.
From a regulatory perspective, EPA establishes standards for the use of biosolids through federal regulations at 40 CFR Part 503. At the state level, the Pennsylvania Department…More
U.S. EPA Withdraws Proposed Rule Listing PFAS as RCRA Hazardous Constituents
U.S. EPA is withdrawing its proposed rule to list nine PFAS as RCRA hazardous constituents. U.S.EPA announced the withdrawal in the Federal Register on May 8, 2026. In announcing the withdrawal, U.S.EPA stated the proposed rule is not necessary since “existing regulations provide the tools to develop protective permit conditions, when necessary, without the need to modify the hazardous waste definition.” In addition, U.S.EPA noted that it found convincing the concerns raised by some commenters that the proposed rule would,…More
EPA Is One Step Closer to Scaling Back PFAS MCLs
On May 1, 2026, the White House Office of Management and Budget (OMB) completed its interagency review and cleared two EPA proposed rules that would scale back the Biden-era PFAS National Primary Drinking Water Regulation (NPDWR). As we previously reported, the proposed rules would extend the compliance deadline for PFOA and PFOS maximum contaminant levels (MCLs) by two years and rescind the MCLs for PFNA, PFHxS, HFPO-DA (commonly known as GenX) and mixtures containing two or more of these…More
EPA’s FY 2027 Budget Signals Continued Focus on PFAS
Notwithstanding the proposed 50% reduction in EPA’s Fiscal Year 2027 budget , the agency has identified reducing Per- and Polyfluoroalkyl Substances (PFAS) Risks to the Public as an Agency Priority Goal (APG). The APGs will guide the agency’s work through September 30, 2027. APGs are used to accelerate progress on select Administration and EPA priorities and implementation will be supported through two-year APG Action Plans.
The PFAS APG encompasses four stated commitments: strengthening the science, fulfilling statutory obligations, enhancing communication,…More
State and Federal PFAS Litigation – 2019 to Q1 2026
PFAS-related litigation continues to climb and to diversify as to claims and parties. See the attached graphics, updated through the first quarter of 2026. We will continue to update these graphics on a quarterly basis…More
NJDEP Granted More Time to Support the 3M and DuPont PFAS Settlements
As we have previously reported here and here, the New Jersey Department of Environment Protection (NJDEP) announced settlements with 3M and DuPont and its related companies (the DuPont Entities) valued together at $2.5 billion to resolve state-wide PFAS claims. NJDEP moved to enter the settlements, embodied in Judicial Consent Orders (“JCOs”), in November 2025 and objections were filed by the Association of Environmental Authorities of New Jersey, and several of its members (the “Objectors”). The Objectors asserted that the settlements…More
New Mexico Legislature Requests Reevaluation of Key Exemption from PFAS Product Sales Ban Statute
As we’ve discussed in a prior post, among states that have enacted statutory restrictions on sales of products containing intentionally added PFAS, New Mexico has been unique in crafting an exemption for fluoropolymers, which were carved out from the reporting requirements and the phased sales ban found in the Per- and Poly-Fluoroalkyl Substances Protection Act (the “Act”), N.M.S.A. 74-15-1 et seq. (although not from the statute’s labeling requirements). The exemption for fluoropolymers consisting of polymeric PFAS includes, polytetrafluoroethylene (PTFE), commonly…More
Parties Trade Post‑Argument Letters Over EPA’s PFAS Hazardous Substance Designation
We previously reported that the U.S. Chamber of Commerce and two other trade groups are challenging EPA’s designation of PFOA and PFOS as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The D.C. Circuit heard oral argument on January 20, 2026. As discussed below, the litigants filed a series of Rule 28(j) letters (allowing a party to cite new legal authorities discovered after briefing closes and the others to respond) to sharpen the central dispute:…More
Court Denies EPA’s Motion to Sever and Stay Challenges to MCLs for Four Index PFAS
On March 19, 2026, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit denied EPA’s request to sever and stay challenges to drinking water standards, known as MCLs, for four PFAS (PFHxS, PFNA, HFPO‑DA, and mixtures of any of these three plus PFBS). These four PFAS are referred to as “Index PFAS” because they were regulated under a Hazard Index MCL.
In American Water Works Association (AWWA), et al. v. EPA, industry groups and water utilities challenged EPA’s…More
