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Articles by Hayleigh Shobar
California Takes Action on PFAS in Pesticides
On Sunday, September 27, amid a flurry of other bills recently signed into law, Governor Newsom signed AB 1603, which requires the California Department of Pesticide Regulation (DPR) to publish a list of pesticides registered in California that contain PFAS, and further requires DPR to identify and describe statewide trends regarding the use of PFAS-containing pesticides.
FDA Working on Regulations to Establish Allowable Levels for Certain PFAS in Bottled Water
In June 2026, FDA updated its website to include priority targets for future risk management actions, including those related to bottled water. FDA’s website indicates that it is working on a regulation to establish allowable levels for certain PFAS in its standard of quality regulation for bottled water (21 CFR § 165.110). The website specifies that FDA sets allowable levels regarding contaminants with EPA levels for drinking water, subject to certain exceptions.
EPA Announces Rulemaking to Rescind SDWA Drinking Water Limits for Certain PFAS
On May 18, EPA published a proposed Safe Drinking Water Act (SDWA) rule (available here) that would rescind the portions of the Biden Administration EPA’s 2024 PFAS National Primary Drinking Water Regulations pertaining to perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA, commonly known as GenX chemicals), and mixtures of these three PFAS plus perfluorobutane sulfonic acid (PFBS), including the final...
EPA Releases Updated Guidance on Destruction and Disposal of PFAS-Containing Materials
EPA has released a new Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances, dated April 20, 2026, which is the third edition of this non-binding guidance document (originally issued in 2020 and revised in 2024). The associated April 23, 2026 news release may be reviewed here.
Utility Files CERCLA Cost Recovery Action Based on PFOA/PFOS Hazardous Substance Listings
On April 3, a North Carolina utility filed a CERCLA section 107 cost recovery action against DuPont and affiliated entities, to recover response costs associated with a Fayetteville chemical plant’s alleged contamination of public water system supplies and wastewater treatment plants with PFOA and PFOS. The action is predicated on EPA’s listing of PFOA and PFOS as CERCLA hazardous substances in 2024, which was reaffirmed by EPA in September 2025 during litigation challenging those listings.
EPA Further Revises Reporting Period for PFAS Reporting Requirements Under TSCA Section 8(a)(7)
On April 9, 2026, EPA announced a final rule revising the start of the reporting period for the one-time PFAS reporting requirement under the Toxic Substances Control Act (TSCA) section 8(a)(7). Under the final rule, the reporting period will begin on the earlier of either (a) 60 days following the effective date of the forthcoming final rule on the substantive requirements of this reporting requirement, or (b) January 31, 2027.
EPA Proposes Regulating All PFAS Under the Safe Drinking Water Act
On April 6, 2026, EPA published a request for comments on its draft Sixth Contaminant Candidate List (CCL 6). CCL 6 is a draft list of contaminants that are currently not subject to proposed or promulgated national primary drinking water regulations (NPDWRs), which are applicable to public water systems under the Safe Drinking Water Act (SDWA), and are being considered for regulation under the SDWA.
EPA Seeks a Fourth Abeyance to Reassess Its 2024 Designation of PFOA and PFOS as CERCLA Hazardous Substances | JD Supra
EPA has been granted a fourth abeyance of pending litigation related to the Biden administration’s designation of PFOA and PFOS as hazardous substances under CERCLA. Thus far, the D.C. Circuit Court of Appeals has granted three of EPA’s unopposed motions to hold related litigation in abeyance: (1) on February 24, 2025 for 60 days (addressed in a prior blog post here); (2) on April 30, 2025 for 30 days; and (3) on June 2, 2025 for 30 days (addressed in a prior blog post here).
Sixth Circuit Rules that Party Found Liable under CERCLA Section 107 Is Not Entitled to Declaratory Relief for Future Cleanup Costs under Section 107 | JD Supra
On May 12, 2025, the Sixth Circuit issued a published decision in Georgia-Pacific Consumer Prods. LP, et al. v. NCR Corp. finding that a party previously found liable under CERCLA Section 107 is not entitled to declaratory relief for future cleanup costs under CERCLA Section 107. The decision involves a Superfund site consisting of a thirty-five mile stretch of the Kalamazoo River in southwest Michigan.
EPA Announces It Will Keep Drinking Water Limits for PFOA and PFOS, But Rescind Limits for Four Other PFAS Compounds | JD Supra
On May 14, 2025, EPA issued a news release (available here) stating that the agency will maintain the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations (NPDWRs) promulgated in April 2024—but only with respect to two PFAS compounds: PFOA and PFOS. These NPDWRs originally established legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for six PFAS in drinking water (see 4/10/24 post here).
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