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

Following the completion of briefing in the challenge to EPA’s rule designating PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), oral argument has been scheduled for Tuesday, January 20, 2026.  On January 7, 2026, the U.S. Court of Appeals for the D.C. Circuit granted Respondent-Intervenors’ unopposed motion setting the format for the oral-argument.  Under the Court’s Order 20 minutes are allotted to Petitioners, Chamber of Commerce of the United States of America, et al.,…More

As previously reported, in the context of litigation by utilities challenging Maximum Contaminant Levels (“MCLs”) for PFAS in drinking water, the United States Environmental Protection Agency (“EPA”) filed a Motion to Vacate the MCLs for PFHxS, PFNA, HFPO‑DA, and the hazard‑index mixture (“Index PFAS”) that were promulgated under the Biden Administration.   The EPA Motion was filed in September.  Following an abeyance, briefing has resumed.  On December 3, the EPA filed a combined submission that included: (1) a reply supporting EPA’s September…More

As previously reported, the U.S. Chamber of Commerce and two other trade groups have challenged EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA.  On November 14, 2025, petitioners filed their Joint Reply Brief in the U.S. Court of Appeals for the D.C. Circuit, again urging the court to vacate EPA’s Final Rule.   Petitioners reiterate three core arguments: (1) EPA applied an overly expansive interpretation of the statutory phrase “may present substantial danger”; (2) EPA introduced a new…More

On October 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted EPA’s unopposed motion to hold the PFAS drinking water standards litigation in abeyance due to the lapse in appropriations as a result of the government shutdown. The order directed the parties to file motions governing further proceedings within ten days after appropriations are restored and the DOJ attorneys are permitted to resume their usual civil litigation functions. Previously, on September 11, 2025, EPA filed a motion for…More

The U.S. Court of Appeals for the D.C. Circuit granted EPA’s motion to lift the stay in the litigation challenging the maximum contaminant levels (MCLs) for six PFAS chemicals (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known as GenX, and PFBS).  On August 1, the parties submitted a joint request to the Court seeking the following: 1) a deadline of September 10, 2025 for EPA to file a motion or letter clarifying its position in the litigation; and 2)  a deadline of…More

EPA has again obtained extensions of the stays in the litigation challenging the MCLs for six PFAS and the litigation challenging the hazardous substance designation for PFOS and PFOA. EPA requested the U.S. Court of Appeals for the D.C. Circuit to grant a 45-day extension in the stay of the litigation challenging six MCLs (PFOA, PFOS, PFHxS, PFNA, HFPO-DA commonly known as GenX, and PFBS) to determine next steps.  EPA  announced last month that the agency would retain part of the rule…More

On April 30, 2025, the U.S. Court of Appeals for the D.C. Circuit granted an additional 30-day abeyance in the challenge to EPA’s Final Rule designating Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances.  (89 Fed. Reg. 39124 (May 8, 2024). The U.S. Environmental Protection Agency (EPA) requested an additional 30 days for leadership to conclude its review of the underlying rule.  The agency stated that the continued abeyance would conserve judicial and party resources and could potentially…More

On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and respondent-intervenors do not oppose the request. This case, which challenges EPA’s PFAS National Primary Drinking Water Regulation (89 Fed. Reg. 32532, April 26, 2024), has been in abeyance since February 2025.  At that time, the EPA asked for a 60-day abeyance to allow incoming leadership—appointed under the…More

A federal appeals court has granted the Environmental Protection Agency’s request for a 60-day abeyance in litigation challenging the Maximum Contaminant Levels (MCLs) for six PFAS chemicals. In a February 7, 2025, decision, the U.S. Court of Appeals for the D.C. Circuit temporarily halted a lawsuit brought by the American Water Works Association and others. The plaintiffs challenge the MCLs set for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid…More