By: Dianne Crocker, LightBox research director and Alan Agadoni, senior VP, LightBox EDR
Few environmental topics have created as much uncertainty or long-term consequence as per- and polyfluoroalkyl substances (PFAS). Once valued for their durability, these “forever chemicals” are now driving some of the most significant regulatory, scientific, and legal challenges in decades.
In their latest EM Magazine article, Dianne Crocker and Alan Agadoni examine the shifting PFAS landscape, from new EPA rulemakings to billion-dollar litigation. For environmental professionals, PFAS has become an immediate business concern requiring close attention to evolving federal, state, and legal activity.
Federal Regulation: Expanding Reach and Complexity
EPA’s actions under CERCLA, TSCA, and the Safe Drinking Water Act are reshaping how PFAS risk is managed across industries. The 2024 designation of PFOA and PFOS as hazardous substances under CERCLA extends liability beyond manufacturers to include property owners, operators, and purchasers.
The agency’s PFAS reporting rule under TSCA also requires manufacturers and importers to disclose historical data on PFAS production and use dating back to 2011, with deadlines extending into 2026 and 2027. The broad scope of these rules means that companies and consultants must prepare now to manage new reporting systems, recordkeeping, and documentation that could later surface in litigation.
States Step in as Federal Rules Stall
With EPA timelines stretching, states are filling the gap. Maine and Minnesota have passed sweeping bans on intentionally added PFAS in all consumer products by 2032, and more than a dozen states have implemented targeted restrictions on items ranging from cookware to carpets. For multi-state operators, this patchwork of standards complicates compliance and requires environmental professionals to track evolving requirements across multiple jurisdictions.
Litigation: The Financial Ripple Effect
The litigation environment continues to expand. The multidistrict PFAS case now includes more than 10,000 lawsuits tied to aqueous film-forming foam contamination. Settlements exceeding $13 billion from 3M and DuPont highlight the growing scale of liability. Cases are expanding beyond manufacturers to include utilities and municipalities, where compliance costs can exceed $100 million per system.
These lawsuits are setting new benchmarks for accountability and increasing the need for environmental professionals to identify and manage PFAS risk during transactions, site assessments, and remediation projects.
PFAS regulation is reshaping environmental due diligence and risk management. The professionals who incorporate PFAS awareness into their work now will be best equipped to guide clients through the next decade of regulation and litigation.
Read the full article by Dianne Crocker and Alan Agadoni in AWMA’s EM Magazine November edition for a detailed look at the federal, state, and legal developments shaping the PFAS landscape.
