The Shifting Nature of the PFAS Regulatory Landscape

By Logan M. Glasenapp | The National Law Review | June 19, 2025

Read the full article by Logan M. Glasenapp (The National Law Review)

"Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of human-made chemicals used across a number of industries. Their durability makes them ideal for various uses like stain protection in textiles, machine lubricants, and fire suppression. That same durability has led to their more common name, forever chemicals, as they do not break down easily in the environment and can persist in the human body for long periods. PFAS have been associated with an increased risk of certain cancers, hormone disruption, reproductive harm, and abnormal fetal development but the science is severely limited. The slow pace of study has made enforcement of rules regarding PFAS inconsistent (and the subject of legal challenges) and has caused a substantial amount of confusion and uncertainty among industry, municipalities, and consumers.

The two most studied PFAS, perfluorooctonesulfonate (PFOS) and perfluorooctanoic acid (PFOA), are now subject to federal and state drinking water maximum contaminant levels (MCLs) but the landscape is frequently shifting as the winds of politics blow and our understanding of this class of chemicals grows. The United States Environmental Protection Agency’s (USEPA’s) current Administrator, Lee Zeldin, made PFAS a clear priority and has acted quickly to make his mark on the regulatory landscape. While we have gained some regulatory clarity regarding PFAS, uncertainty still rules the day and will continue to frustrate decisionmakers for the foreseeable future. Municipalities, in particular, will be burdened with significant costs and potential liabilities as our state and federal governments continue developing the PFAS regulatory scheme."