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Newest EPA efforts related to Forever Chemicals

5/8/25

By: Joshua G. Ferguson

In a press release on April 28, 2025, the U.S. Environmental Protection Agency (EPA) Administrator identified a series of planned agency actions to address Per- and Polyfluoroalkyl Substances (PFAS), colloquially referred to as Forever Chemicals. 

The steps outlined by EPA Administrator Lee Zeldin included creation of effluent (discharge) limitations guidelines for certain PFAS into drinking water systems, adding PFAS to the Toxic Release Inventory (TRI) and more generally establishing a liability framework to streamline payment by polluters and protection to those affected. 

In April of 2024, the EPA finalized a rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the first national drinking water standard for PFAS. 

The newest press release shows intent, but not necessarily action. It remains to be seen what the EPA and the Food and Drug Administration (FDA) will do in the near term. Please see our recent blog post on efforts to force the FDA to take steps to protect against PFAS: https://www.fmglaw.com/business-litigation/forever-chemicals-in-food-when-will-the-fda-act-on-pfas/. 

Regardless of how quickly additional steps are taken, companies need to stay alert to State and Federal regulations in this arena. Further, there is a growing wave of civil lawsuits seeking compensation against those who utilize these chemicals, posing a potential double whammy. 

For more information, please contact Joshua G. Ferguson at joshua.ferguson@fmglaw.com or members of the FMG PFAS Litigation Team and Mass Tort Litigation teams. 

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