Last week, Taylor Research Group (TRG) attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing, which covered 2025 regulatory developments and assessed ongoing 2026 litigation that may significantly impact that landscape. The conversation touched on a persistent theme: while PFAS regulations remain in flux, primary and secondary manufacturers; owners and operators of industrial sites; and generators, must diligently make plans for record keeping and reporting to avoid stiff penalties.
In May 2025, the Trump administration decided to maintain the low Maximum Containment Levels (MCLs) for PFOA and PFOS established by the Biden administration. The EPA also maintained the previous administration’s designation of PFOA and PFOS as CERCLA hazardous substances. The latter is particularly impactful for Superfund sites as it requires reporting of these chemicals and opens the door for not only third-party liability but potential Superfund “reopeners.” Presenters noted that PFAS have high ubiquity in the environment and these low MCLs and the hazardous substance designation mean that cleanup requirements will be significant.
In September 2025, the EPA also announced its intent to rescind and reconsider regulations for PFHxs, PFNA, GenX, and PFBS under the Safe Drinking Water Act. However, the Trump administration’s ultimate decision remains uncertain as, last week, the DC Circuit denied EPA’s motion to vacate. Federal rule-making likely won’t be decided until Spring 2026 which, it was noted, presents certain challenges, especially for water utility companies that are adhering to current standards that may ultimately be vacated later this year.
The hazardous substances designation of PFOA and PFOS also faces litigation at the DC Circuit. Last Monday, three judges on the DC Circuit heard arguments in Chamber of Commerce of the United States of America v. EPA, No. 24-1193 (D.C. Cir.), which will determine whether the hazardous substances designation stays in effect. If the label remains, not only will widescale litigation likely follow, but cases would shift from what have largely been product liability matters focused on manufacturers of PFAS and PFAS-containing products to environmental matters focused on owners and operators of contaminated sites and transporters, among others.
While the regulatory landscape may be uncertain, knowledge of potential liabilities and past operations will remain critical. Historical research and the documentation it typically yields, whether related to PFAS or other legal matters, provides our litigation clients with the comprehensive understanding that they need to be successful, often bringing critical facts to light and allowing attorneys to make informed decisions and arguments. TRG will continue to monitor developments in PFAS and other regulatory activity in order to maximize our ability to respond to our clients’ evolving needs.
