“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS) and similar chemicals and products.
This edition highlights the U.S. Department of Defense’s (DOD’s) recent update on critical PFAS uses, continued attention to the possible link between PFAS and sewage sludge and wastewater treatment plants, the EPA’s elimination of its Office of Research and Development (ORD), and updates on states’ regulations of microplastics and PFAS, and PFAS litigation.
Look for new editions every month and feel free to reach out to the McGuireWoods team with questions regarding PFAS and related issues.
I. Federal Regulatory
DOD Updates Report on Critical PFAS Uses
In July 2025, the DOD published a report, “Update on Critical Per- and Polyfluoroalkyl Substance Uses,” as an update to House Report 118-121, which accompanied the 2024 DOD appropriations bill, H.R. 4365. The report reiterates that the DOD needs certain PFAS for production, performance and sustainment of DOD systems that are critical to national security. It also mentions that an increasing number of mission-critical PFAS are at risk of becoming obsolete because of diminishing manufacturing sources due to potential liability.
Accordingly, the report explains, the DOD “must implement a dual strategy to safeguard the continued domestic availability of PFAS critical for defense over the next 10 years or longer through regulatory and industry engagement, while proactively seeking PFAS alternatives which meet performance specifications and applicable regulatory thresholds for new or existing chemicals.” The report goes on to identify and explain the DOD’s phased approach to research and development of alternatives for mission-critical uses of PFAS.
The report concludes that until alternatives that meet the requisite performance specifications and regulatory thresholds are available, PFAS manufacturers must remain able to and capable of providing PFAS crucial to national security to avoid the need to source mission-critical PFAS “from China and other foreign entities of concern.”
Possible Link Between PFAS Pollution and Sewage Sludge and Wastewater Treatment Plants?
A recent report by Waterkeeper Alliance, in partnership with local Waterkeeper groups and the Hispanic Access Foundation, suggests that PFAS contaminated 98% of tested U.S. waters, with elevated levels found at 95% of sampled sites downstream from wastewater treatment plants. As part of its second phase of its PFAS monitoring initiative, the Waterkeeper Alliance worked with local Waterkeeper groups to test surface waters in 19 states.
Waterkeeper groups found “one or more types of PFAS in 98% of sampling sites, both upstream and downstream of wastewater treatment plants and in areas where biosolids are applied to land.” In total, they detected up to 19 different types of PFAS chemicals at elevated levels at sampling sites downstream from wastewater plants.
Although wastewater treatment plants are not known to generate PFAS, they may receive discharges from industrial and commercial sources that use PFAS. The Waterkeeper Alliance is calling on the EPA to take actions to mitigate the risks posed by PFAS including but not limited to establishing and enforcing federal standards for PFAS in drinking water and surface water discharges and prioritizing funding for PFAS monitoring.
Read more about PFAS and sewage sludge in previous McGuireWoods Contaminants Compass issues.
EPA to Eliminate Office of Research and Development
On July 18, 2025, the EPA announced it will eliminate its ORD in furtherance of its workforce reductions. Historically, the ORD provided independent scientific research at the core of nearly all of the EPA’s policies and regulations. According to the EPA’s website, “ORD conducts the research for EPA that provides the foundation for credible decision-making to safeguard human health and ecosystems from environmental pollutants.” ORD has 11 offices throughout the United States. Its research programs include air, climate and energy; chemical safety for sustainability; health and environmental risk assessment; homeland security; safe and sustainable Water Resources; and sustainable and healthy communities.
The EPA announced it will create the Office of Applied Science and Environmental Solutions, which will be at the forefront of rulemaking and technical assistance to states. The EPA stated that these “organizational improvements” will result in $748.8 million in savings.
II. State Regulatory
California Recommends Regulating Microplastics Under SCPP
In June, California’s Department of Toxic Substances Control (DTSC) recommended adding microplastics as a candidate chemical to be regulated under the Safer Consumer Products Program (SCPP). The SCPP was enacted under California’s 2013 “green chemistry law” to identify candidate chemicals based on hazardous traits, environmental impact and exposure potential. Recently, the SCPP focused on the presence of PFAS in items such as carpet.
The DTSC expressed that microplastics are “pervasive, persistent, and increasingly linked to potential risks to human health, wildlife and the environment” and are “found in nearly every corner of the planet.” If California adds microplastics as a candidate chemical under the SCPP, manufacturers should expect costly impacts on the manufacturing and selling of plastic-containing products.
Minnesota Extends Deadline for Compliance With PFAS Reporting Statute
The June edition of Contaminants Compass reported that Minnesota extended the public comment period on the proposed reporting rule for PFAS-containing products. After evaluating the public comments, the Minnesota Pollution Control Agency, pursuant to its authority under section 116.943 of the Minnesota Statutes, announced it is extending the deadline for manufacturers to comply with the statute’s reporting requirements for PFAS-containing products. The new initial reporting deadline is July 1, 2026.
III. Litigation
Fourth Abeyance to Reassess Designation of PFOA and PFOS as Hazardous Substances
Contaminants Compass previously covered in February 2025 and March 2025 the lawsuit contending that the EPA misinterpreted the “substantial danger” requirements and failed to consider associated costs related to its designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
On July 3, 2025, the U.S. Court of Appeals for the D.C. Circuit granted the EPA’s fourth unopposed motion to hold related litigation in abeyance to allow the EPA additional time to review the issues presented in the case and to evaluate the CERCLA listing “within the broader context of EPA’s comprehensive strategy to address PFOA and PFOS, and developing EPA’s position on how to proceed in this litigation.” The court will hold the case in abeyance until Aug. 18, 2025.
Given the Trump administration’s deregulatory posture, many observers expect the EPA will rescind or formally reopen the CERCLA listings of PFOA and PFOS.
DuPont Settles Claims Related to Contamination of Drinking Water in New York
In July 2025, E.I. DuPont de Nemours and Co. reached a $27 million agreement to settle a lawsuit in the Northern District of New York alleging DuPont contaminated the resident plaintiffs’ drinking water with PFOA in Hoosick Falls, New York. The case was ongoing for nearly 10 years.
Prior to this settlement, the plaintiffs secured a $65 million settlement with Saint-Gobain, Honeywell and 3M, which included medical monitoring for individuals with elevated PFOA levels.
$2.5B Consent Order Entered in New Jersey-DuPont Litigation Related to PFAS Pollution
The state of New Jersey filed a suit in 2019 accusing DuPont of discharging 1,200 chemicals, contaminants and other hazardous materials including PFAS over 125 years at its Chamber Works facility.
In August, following a series of bench trials in New Jersey federal court, New Jersey Attorney General Matthew J. Platkin announced that the state and DuPont reached a settlement. DuPont and its related entities agreed, through a consent order, to pay New Jersey $875 million in damages and to fund abatement projects, including drinking water treatment. DuPont agreed to create a remediation funding source of up to $1.2 billion and an additional reserve fund of $475 million. The payments will be made over 25 years.
IV. What We Are Reading
Every quarter, McGuireWoods publishes Environmental Vanguard to share key insights from the firm’s leading environmental attorneys and consultants at the forefront of regulatory, litigation and policy developments. The latest issue provides updates, including the May 2025 settlement between New Jersey and 3M.
V. McGuireWoods PFAS Litigation Webinar
Join McGuireWoods for the latest installment of the Contaminants Compass CLE Series on Aug. 20, 2025, from 12-1 p.m. (ET). McGuireWoods partners Shannon Kasley, Michael Easley and Ryan Park will provide an overview of the litigation landscape, developing issues and related updates, and offer advice on how to prepare for and defend against PFAS lawsuits.
CLE credit applications will be made on behalf of attendees.
