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Michigan Court Holds PFAS Claims Against Airport Preempted by Federal Aviation Law and Barred by State “Permitted Release”...

In a case of first impression, on November 24, 2025, Michigan's Circuit Court for the County of Kent ruled both federal aviation law and state law barred the State's claims under Part 201 of Michigan’s Natural Resources &...more

Rule Finalized Requiring Reporting on All Products Containing PFAS in Minnesota

The Minnesota Pollution Control Agency (MPCA) has adopted a final rule implementing the reporting provisions of the state’s PFAS in products law, Minn. St. § 116.943. That law, and the resulting rule, impose a...more

New Mexico Poised to Be First Jurisdiction to Impose Labeling Requirements on All Products Containing PFAS

During a recent webinar, the New Mexico Environment Department (NMED) announced plans to propose a rule that will impose an unprecedented labeling requirements on all products containing intentionally added per- and...more

EPA Announces Plans to Revisit Certain PFAS Drinking Water Standards

Two weeks after U.S. Environmental Protection Agency (EPA) Administrator Zeldin outlined the agency’s PFAS plan in broad strokes, EPA provided more detail on how it intends to proceed with respect to drinking water standards...more

EPA Administrator Zeldin Announces EPA’s PFAS Plan

On April 28, 2025, after much anticipation, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin outlined the agency’s plans to address Per- and Polyfluoroalkyl Substances (PFAS). Although the announcement...more

Minnesota Pollution Control Agency Releases Proposed Reporting Rule for PFAS in Products

The Minnesota Pollution Control Agency (MPCA) is seeking comment on a first-of-its-kind proposed rule that will require manufacturers of products containing intentionally added per- and polyfluoroalkyl substances (PFAS) to...more

New Mexico Becomes Third U.S. State to Prohibit PFAS in Products

This alert was originally published on March 25, 2025, and has been revised based on recent developments. In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material...more

New Mexico Poised to Become Third U.S. State to Prohibit PFAS in Products

In 2021, Maine became the first U.S. state to enact a law imposing reporting requirements and material restrictions on all products containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS)....more

Oregon Pursues Listing PFOA and PFOS as Hazardous Substances under State Cleanup Law

Last month, the Oregon Department of Environmental Quality (DEQ) announced a rulemaking process to list perflouorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Oregon Cleanup...more

EPA Finalizes New Aquatic Life Water Quality Standards Guidelines for Ten PFAS

Key Takeaways - What Happened? The U.S. Environmental Protection Agency (EPA) published its final recommended aquatic life water quality criteria and benchmarks for two per- and polyfluoroalkyl substances...more

EPA Accelerates PFAS Reporting in the Toxic Release Inventory

In a new proposed rule, the U.S. Environmental Protection Agency (EPA) proposes adding 16 individual per- and polyfluoroalkyl substances (PFAS) and 15 categories of PFAS to the list of chemicals subject to reporting in the...more

EPA Finalizes Hazardous Substance Listing for PFOA and PFOS

On April 19, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule designating two per and polyfluoroalkyl substances (PFAS) as hazardous substances under § 102(a) of the...more

EPA Finalizes National Primary Drinking Water Regulation for Certain PFAS

The U.S. Environmental Protection Agency (EPA) has finalized its proposed rule establishing National Primary Drinking Water Regulation (NPDWR) for certain PFAS compounds. The final rule sets Maximum Contaminant Levels (MCL)...more

EPA Proposes Cleanup Authority Expansion Under RCRA for PFAS and Other Emerging Contaminants

On February 8, 2024, the U.S. Environmental Protection Agency (EPA) proposed two rules to expand the Agency’s authority to address releases of per- and polyfluoroalkyl substances (PFAS) and other emerging contaminants at...more

Maine DEP Requests Proposals on Currently Unavoidable Uses of PFAS in Products

Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances...more

Washington State Drafts Determinations on PFAS-Containing Products

Continuing Washington State’s push towards implementing one of the nation’s strictest chemicals laws, the Department of Ecology (Ecology) recently published its Draft Regulatory Determinations Report on certain products...more

EPA Releases Final Rule Increasing PFAS Reporting Under EPCRA

On October 18, 2023, the U.S. Environmental Protection Agency (EPA) released a new final rule that categorized as chemicals of special concern all per- and poly-fluoroalkyl substances (PFAS) that industry must currently...more

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

Minnesota Seeks Comment on PFAS in Products Law

The state of Minnesota is seeking comment on rulemaking to implement one of the country’s two broadest per- and polyfluoroalkyl substances (PFAS) in product laws. The Minnesota Pollution Control Agency (MPCA) is beginning to...more

CPSC Signals Interest in PFAS in Consumer Products

Key Takeaways - • What is happening? The Consumer Products Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in consumer products, potential human...more

Maine Amends Notification Requirement in PFAS-Containing Products Law

Key Takeaways - What is happening? Maine has enacted an amendment to the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products....more

Minnesota Poised to Be Second State to Ban PFAS-Containing Products

Key Takeaways - What is happening? The Minnesota legislature passed a bill that would ban the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products. For certain enumerated categories of products, the ban...more

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant...more

EPA Seeks Comments on Potential Designation of Additional PFAS as CERCLA Hazardous Substances

On April 13, 2023, the U.S. Environmental Protection Agency (EPA) published in the federal register an Advanced Notice of Proposed Rulemaking (ANPRM) seeking public input to inform its decision whether to designate additional...more

EPA Proposes Novel National Primary Drinking Water Regulation for Certain PFAS

Today the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of its highly anticipated proposed National Primary Drinking Water Regulation (NPDWR) for certain PFAS that, if promulgated as proposed,...more

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