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Will Proposed Cuts to EPA’s Budget Impact EPA’s PFAS Action Plan?

The White House Office of Management and Budget (“OMB”) sent President Trump’s recommendations for the fiscal year 2026 budget to the Senate Appropriations Committee on May 2, 2025. The proposal includes significant cuts to...more

EPA Keeps MCL for PFOA and PFOS, Extends Compliance Deadline, and Intends to Rescind MCL for PFHxS, PFNA, GenX, and PFBS

EPA announced on May 14, 2025 that it will maintain the Maximum Contaminant Level (“MCL”), also known as the national primary drinking water standard, for two PFAS, perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic...more

The EPA’s New Funding Hurdles: What to Expect

A recent shift in EPA funding approvals has raised questions about potential delays in environmental projects, disaster response and clean energy initiatives. According to an AP report, all EPA division directors and deputy...more

President Trump's New EPA Administrator Unveils Agency's New Priorities

Amid uncertainty over future staffing and funding levels, Environmental Protection Agency (EPA) Administrator Lee Zeldin announced a new priority list for the agency titled the “Powering the Great American Comeback...more

EPA Tasked With Rethinking Its Mission Under Trump Executive Orders

New EPA Administrator Lee Zeldin will need to hit the ground running to keep up with the requirements and deadlines set in motion on the first day of the Trump Administration. Four executive orders (EOs) issued by the Trump...more

EPA’s Third Annual PFAS Progress Report

On November 14, 2024, EPA issued its third annual progress report on its PFAS Roadmap reporting on the agency’s three years of progress against its overarching goals of restrict, remediate, and research PFAS. The...more

The Impact of Chevron’s Demise on the Regulation of PFAS

On June 28, 2024, in its decision in Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Supreme Court held that its longstanding precedent granting deference to administrative agencies established in the 1984...more

PFOA and PFOS Are Now CERCLA Hazardous Substances

As we have previously reported, EPA has designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability...more

Designation of PFOA and PFOS as CERCLA Hazardous Substances to Become Effective on July 8, 2024

As previously reported, on April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid...more

EPA Designates PFOA and PFOS as CERCLA Hazardous Substances

On April 19, 2024, the U.S. Environmental Protection Agency (“EPA”) released the pre-publication notice of its final rule designating perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous...more

EPA Issues Final MCLs for PFOA, PFOS, PFNA, GenX, PFHxS, and PFBS

On April 8, 2024, the EPA Administrator signed the final rule establishing drinking water standards, also known as MCLs, for six PFAS (PFOA, PFOS, PFNA, GenX (HFPO-DA), PFHxS, and PFBS). The final MCLs for PFOA and PFOS are...more

Maine and Minnesota Accepting Proposals Through March 1, 2024 for “Currently Unavoidable Use” Exemptions from Upcoming State Ban...

By statutory enactment, Maine intends to ban the sale, marketing, and distribution of products or product components containing intentionally added PFAS, effective January 1, 2030. 38 M.R.S. § 1614. This follows Maine’s...more

EPA Proposes to List Nine PFAS as RCRA Hazardous Constituents

On February 8, 2024, EPA published a proposed rule to list nine PFAS, their salts and their structural isomers, as hazardous constituents under RCRA regulations. If the proposed rule is finalized, the nine PFAS (PFOA, PFOS,...more

PFAS Among EPA’s Enforcement Initiatives

On August 17, 2023, EPA’s Office of Enforcement and Compliance Assurance (OECA) released its National Enforcement and Compliance Initiatives (NECI) for FY 2024-2027, which include addressing exposure to PFAS as an enforcement...more

USGS Studies PFAS in Tap Water

As part of the PFAS Strategic Science Vision for the U.S. Geological Survey (“USGS”) and consistent with the National Defense Authorization Act for Fiscal Year 2020, which identified activities related to PFAS where USGS...more

EPA Receives Extensive Comments on its Proposed PFAS MCLs

On May 30, 2023, the comment period closed on EPA’s proposed maximum contaminant levels (“MCLs”) for six PFAS at which time EPA had received 97,793 comments. Under the proposed rule EPA would set MCLs for Perfluorooctanoic...more

EPA Announces $75 Million to Pennsylvania to Address PFAS/Emerging Contaminants and Proposed PFOA and PFOS Drinking Water...

On February 14, 2023, the U.S. Environmental Protection Agency (“EPA”) announced $75 million in funding under the Infrastructure Law to go to Pennsylvania to address PFAS and other emerging contaminants in drinking water....more

EPA’s Motion to Dismiss Chemours’ Challenge of the GenX HAL Denied

As previously reported, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health...more

EPA Files Motion to Dismiss ACC Petition for Review of PFOA and PFOS HALs and Reports Proposed MCLs are Expected in 2022

On September 15, 2022, the U.S. Environmental Protection Agency (“EPA”) filed a motion to dismiss the American Chemistry Council (“ACC”)’s petition for review challenging EPA’s interim Lifetime Health Advisory Levels (“HALs”)...more

Chemours Appeals EPA’s GenX Health Advisory Level

On July 13, 2022, The Chemours Company FC, LLC (“Chemours”) filed a Petition for Review with the Third Circuit U.S. Court of Appeals challenging the United States Environmental Protection Agency (“EPA”)’s Health Advisory...more

The SEC's Proposed Climate-Risk Disclosure Rule – What You Need to Know Now

Last week, the Securities and Exchange Commission (SEC) released its much-anticipated and ground-breaking proposed rule for the disclosure of climate-related risks. “The Enhancement and Standardization of Climate-Related...more

$10 Billion Allocated to Addressing PFAS Under Bipartisan Infrastructure Law

The bipartisan Infrastructure Investment and Jobs Act (“Infrastructure Act”) signed by President Biden on November 15, 2021 provides for $10 billion in funding to address PFAS contamination, nationwide. In a letter to...more

EPA Takes Two More Steps Down The Long And Winding Road To National Primary Drinking Water Regulations For PFAS

In the March 3, 2021 Federal Register, EPA issued its final regulatory determinations for substances on the fourth Drinking Water Contaminant Candidate List (“CCL 4”). Under the federal Safe Drinking Water Act, EPA is...more

EPA-Approved Cleanups May Be Open To Challenges In Wake Of U.S. Supreme Court’s Ruling

A group of Montana homeowners secured a hollow victory in the U.S. Supreme Court that appears to open the door wider than it has ever been to state court challenges of EPA remedial actions. In its 7-2 decision in Atlantic...more

EPA Issues Interim Guidance On Site Field Work Decisions Due To Impacts Of COVID-19

On April 10, 2020, the U.S. Environmental Protection Agency (EPA) issued interim guidance for decisions regarding whether field activities under EPA-lead cleanup programs such as Superfund and RCRA corrective action should...more

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