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PFAS State and Local Government

Alston & Bird

PFAS Primer Quarterly Update: 2025 Q1 – Setting the PFAS Standard

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In the latest edition of the PFAS Primer Quarterly Update, our roundup of regulatory, litigation, and scientific actions involving PFAS, states exempt PFAS products – except the states that don’t, defendants can remove PFAS...more

Faegre Drinker Biddle & Reath LLP

Comment Period Open for Massive New PFAS Reporting Requirements in Minnesota

On April 21, 2025, the Minnesota Pollution Control Agency (MPCA) issued the proposed PFAS in Products: Reporting and Fees Rule for public consultation. The proposed rule details how the MPCA will require manufacturers to...more

ArentFox Schiff

Tennessee Passes Law That Requires ‘Best Science Available’ for PFAS Regulations

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Tennessee lawmakers are setting a new precedent in chemical regulation, including per- and polyfluoroalkyl substances (PFAS), by signing into law an industry-backed bill that requires the use of the “best science available”...more

Holland & Knight LLP

Is It Time to Reconsider What Can Realistically Be Done About PFAS?

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Inside EPA is reporting that the Association of State Drinking Water Administrators (ASDWA) and New England Interstate Water Pollution Control Commission (NEIWPCC), among others, are complaining that the U.S. Environmental...more

Beveridge & Diamond PC

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

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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

Mitchell, Williams, Selig, Gates & Woodyard,...

ECOS Compendium of State PFAS Actions: Environmental Council of the States Releases Report

The Environmental Council of the States (“ECOS”) has released a report titled: ECOS Compendium of State PFAS Actions (“Compendium”). ...more

Paul Hastings LLP

New Mexico Passes Comprehensive Ban on PFAS in Products

Paul Hastings LLP on

On April 8, 2025, New Mexico became the third state to sign into law a comprehensive ban on the use of intentionally added per- and polyfluoroalkyl substances (PFAS) in consumer and commercial products: the “Per- and...more

ArentFox Schiff

EPA Considering Rule That Could Eventually Preempt State Bans on PFAS

ArentFox Schiff on

According to an anonymous US Environmental Protection Agency (EPA) employee, the agency is considering whether to propose a rule that would require the agency to reevaluate the health and environmental risks of certain...more

DLA Piper

Maine DEP Extends CUU Designations by Two Years Under PFAS in Products Law

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As discussed in our prior alert, Maine’s Department of Environmental Protection (DEP) published a proposed rule prescribing procedures and criteria for determining Currently Unavoidable Uses (CUU) of intentionally added per-...more

BCLP

PFAS Air Emissions Restrictions

BCLP on

When evaluating legal risk relating to per- and polyfluoroalkyl substances (“PFAS”), most businesses typically consider wastewater, groundwater, or soil impacts, not air emissions. However, state and federal regulatory...more

MG+M The Law Firm

Masks on for Spring Cleaning: New Study Reveals Household Dust may be an Additional PFAS Exposure Source

MG+M The Law Firm on

A new study from the North Carolina State University’s GenX Exposure Study has detected airborne “forever chemicals” in everyday household dust in communities along the Cape Fear River Basin, North Carolina area. These...more

BCLP

New Mexico Bans Certain PFAS in Consumer Products

BCLP on

On April 8, 2025, the Governor of New Mexico, Lujan Grisham, signed HB 212 prohibiting certain PFAS substances in various consumer products. This bill (now enacted into law) establishes on specific product categories...more

Beveridge & Diamond PC

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

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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

Bergeson & Campbell, P.C.

Maine Board Approves Motion to Adopt Rule on PFAS in Products; CUU Proposals for Products Prohibited as of January 1, 2026, Are...

As reported in our April 1, 2025, blog item, the Maine Board of Environmental Protection (MBEP) was scheduled to consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding...more

MG+M The Law Firm

New Mexico Acts on PFAS: Governor Signs Bills to Shift Remediation Costs and Ban Toxic Chemicals

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On April 8, 2025, New Mexico Governor Michelle Lujan Grisham signed and thereby enacted House Bill 140 and House Bill 212, which are designed to address per- and polyfluoroalkyl substances (PFAS) contamination across New...more

Akin Gump Strauss Hauer & Feld LLP

A PFAS First: New Mexico Exempts Fluoropolymers From Its PFAS Product Ban

Yesterday, New Mexico Governor Michelle Lujan Grisham signed the first state ban on products with intentionally added PFAS to exempt fluoropolymers. The Per- and Poly-Fluoroalkyl Substances (PFAS) Protection Act (HB 212) bans...more

Bergeson & Campbell, P.C.

Maine Board of Environmental Protection Will Consider Proposed PFAS Rule at Its April 7, 2025, Meeting

The Maine Board of Environmental Protection (MBEP) will consider the Maine Department of Environmental Protection’s (MDEP) December 2024 proposed rule regarding products containing per- and polyfluoroalkyl substances (PFAS)...more

Fox Rothschild LLP

Maine’s Draft Proposed Rule on PFAS “Currently Unavoidable Use” Determinations

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Maine recently published proposed rules (PDF link) aimed at implementation of its existing statute (which we’ve discussed here, here and here) limiting the sale and distribution within the state of products containing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2024 Biennial ERIS Survey on State Environmental Agency Research Needs: Environmental Research Institute of the States Report

The Environmental Research Institute of the States (“ERIS”) released a report titled: Findings of the 2024 Biennial ERIS Survey on State Environmental Agency Research Needs (“Report”)....more

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Beveridge & Diamond PC

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

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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

ArentFox Schiff

Bans on PFAS in Cookware: Litigation and Legislative Challenges

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On the litigation front, a federal judge denied an attempt by the Cookware Sustainability Alliance (CSA) to halt Minnesota’s current ban on intentionally added per- and polyfluoroalkyl substances (PFAS) in cookware. However,...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

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State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Clark Hill PLC

Washington’s Toxic-Free Cosmetics Act: What You Need to Know

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1. The Toxic-Free Cosmetics Act (“TFCA”) restricts nine chemicals or chemical classes. The TFCA restricts nine chemicals or chemical classes from cosmetic products made, distributed, or sold in Washington....more

Akin Gump Strauss Hauer & Feld LLP

PFAS Ground Zero Revisited: Checking in on Maine and Minnesota

In many ways, Maine and Minnesota had the first words on the regulation of PFAS in the U.S. Their broad definitions of the chemicals set the stage for similar regulation across the continent. So when legislators in both...more

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