D.C. Circuit Upholds EPA’s CERCLA Designation of PFOA and PFOS
The D.C. Circuit has upheld EPA’s designation of two PFAS, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). In Chamber of Commerce v. EPA, decided August 18, 2026, the court denied every petition challenging the designation, leaving the 2024 rule in place. What […]
New Mexico PFAS Labeling Mandate Faces First Amendment Challenge in Federal Court
A collection of trade associations has sued in federal court to block New Mexico’s PFAS labeling requirement for consumer products, arguing that the regulation violates the First Amendment and the dormant Commerce Clause. The plaintiffs—including the American Chemistry Council, Alliance for Automotive Innovation, American Coatings Association, National Association of Manufacturers, and several other industry groups—filed […]
Coalition Argues TSCA Bars EPA From Weighing Data-Center Benefits in a New-Chemical Review
A coalition of seventeen environmental organizations, led by Earthjustice, has asked EPA to deny a premanufacture notice (PMN) under the Toxic Substances Control Act (TSCA) for a fluorinated immersion-cooling fluid intended to cool data-center equipment. The comments press three lines of attack: that the substance poses an unreasonable risk EPA must act on, that the […]
Federal Legislation Would Deem 15 Chemicals Unsafe in Food Packaging
On June 9, 2026, lawmakers introduced the No Toxic Chemicals in Food Packaging Act of 2026, which would ban 15 chemicals or chemical classes—including PFAS, ortho-phthalates, and bisphenol A—from food-contact use. H.R.9231 was introduced by Rep. Jan Schakowsky (D-IL) and Rep. Rosa DeLauro (D-CT) and has been referred to the House Committee on Energy and […]
New Mexico PFAS Labeling Rule Faces Appeal Over Free Speech, Agency Authority
A docketing statement has been filed in a state-court challenge to New Mexico’s near-universal PFAS labeling requirements, finalized by the New Mexico Environmental Improvement Board (EIB) in April as part of a broader rule implementing the state’s PFAS Protection Act (HB 212). The docketing statement, filed June 22, 2026, identifies four issues on appeal: First […]
Minnesota Excludes Older Products from PFAS Reporting
Minnesota has amended its PFAS reporting requirements to exclude products manufactured before July 1, 2023. The amendment does not change what must be reported or when. The reporting deadline remains September 15, 2026 (or December 14, 2026, for manufacturers who request and receive a 90-day extension). Under the revised requirements, manufacturers or their representatives must […]
New Mexico PFAS in Products Rule Appealed
A legal challenge has been filed in state court against New Mexico’s PFAS in products rule, which was finalized last month. As noted in a recent Chemical Watch article, concerns include product labeling issues and timelines that emerged during the rulemaking process. The final rule’s labeling requirements apply to all products containing intentionally added PFAS […]
New Jersey Considers Expanding PFAS Ban to Apparel
New Jersey lawmakers are weighing a ban on PFAS in apparel, which has already passed the state’s upper house unanimously. The bill, S1281, would prohibit the manufacture or sale of apparel containing intentionally added PFAS two years after passage. Apparel is defined broadly, encompassing items such as diapers, footwear, and outdoor apparel for severe wet […]
Senator Introduces CRA Resolution to Nullify EPA’s PFAS Reporting Extension
Update (August 28, 2026) On August 5, 2026, a motion to proceed to consideration of the resolution failed in the Senate 48-50. Sen. Susan Collins (R-ME) joined all Democrats in supporting the motion. * * * Senator Sheldon Whitehouse (D-RI) has introduced a joint resolution to disapprove EPA’s April extension of the start PFAS Reporting […]
Texas AG Investigates Lululemon Over PFAS Concerns
On April 13, 2026, Texas Attorney General Ken Paxton announced the issuance of a civil investigative demand against Lululemon as part of an investigation into the potential presence of PFAS in the activewear company’s apparel. The investigation will examine whether Lululemon has misled consumers about the safety, quality, and health impacts of its products, prompted […]