USEPA Files Brief Backing the Motion for Partial Vacatur in the PFAS Drinking Water Regulation Litigation
On November 24, 2025, the American Water Works Association (AWWA) (petitioners) and U.S. Environmental Protection Agency (USEPA) (respondents) filed a joint motion (USCA Case #24-1188; Document #2147042) establishing the following timeline for the remaining briefs:
On December 3, 2025, the petitioners and respondents filed their respective briefs. The respondent’s brief (Document #2148446) reiterates USEPA’s motion for partial vacatur of the PFAS drinking water regulation, while the petitioner’s brief (Document #2148506) opposes the respondent-intervenors’ motion for leave to file a revised and expanded brief.
On December 17, 2025, the respondent-intervenors filed a brief (Document #2150809) in support of a motion for leave to file a revised and expanded brief. The respondent-intervenors say an expanded brief is justified due to USEPA’s changed position and is necessary to avoid prejudice to intervenors.
Final Briefings Filed in CERCLA PFAS Rule Suit
On December 5, 2025, the USEPA filed its final brief (USCA Case #24-1193; Document #2148894) defending the designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund). Similar to arguments made in the Biden administration’s respondent brief, the final brief reinforces that USEPA’s actions were under the provision of CERCLA that authorizes the designation of hazardous substances that “may present substantial danger to public health or welfare or the environment.” Oral arguments in the case are set to take place on January 20, 2026.
USEPA Releases Guidance on PFAS at Brownfields Sites
On December 5, 2025, USEPA released frequently asked questions (FAQs) on how the designation of PFOA and PFOS as hazardous substances under CERCLA impacts liability protections at brownfield sites. In the FAQs, USEPA states “the designation of PFOA and PFOS as hazardous substances does not change CERCLA’s liability framework and does not automatically assign legal liability to property owners with PFOA or PFOS contamination. However, the designation does mean that a grant recipient must establish liability protection for any release of PFOA or PFOS at a Brownfield site.” USEPA goes on to indicate that Brownfields Grant recipients must demonstrate they are not liable under CERCLA Section 107 to obtain funding for PFOA and PFOS investigations and cleanup.
DoD Releases Updated Notices to Agricultural Operations That May Be Impacted by PFAS from Military Installations
On November 21, 2025, the U.S. Department of Defense (DoD) released its Status of Agricultural Notifications for Fiscal Year 2025 report, providing updates on notifications sent to agricultural operations potentially affected by “covered PFAS” contamination linked to military activities. Notifications are triggered when PFAS are detected in on-base groundwater above federal thresholds and are suspected to have migrated off base. Covered PFAS include PFOS and PFOA detected above 70 parts per trillion (ppt), and PFBS detected above 40 parts per billion (ppb) in groundwater. The program aims to inform farmers and ranchers when PFAS are detected in groundwater near military or National Guard installations that may be connected hydrologically to local agricultural or drinking water sources. Between April 1, 2024 and March 31, 2025, DoD issued 38 new notifications to agricultural operations and updated testing results to 795 farms previously notified. Since the program started in 2021, 4,311 agricultural operations nationwide have received PFAS-related notifications from DoD.
BASF to Phase Out Use of PFAS
In November 2025, chemical manufacturer Badische Anilin- und Sodafabrik (BASF) announced that it plans to phase out products formulated with PFAS as a part of its Sustainable Solutions Steering program. The phase-out is planned to be completed by 2028. Per BASF, it “does not synthesize carbon-fluorine bonds in its production processes” and currently has “a limited number of products that are formulated with substances belonging to the PFAS class.” BASF’s planned phase-out is intended to align with the recently updated European Union PFAS restriction proposal by the European Chemicals Agency under the Registration, Evaluation, Authorization and Restriction of Chemicals regulation.
Minnesota Adopts PFAS Reporting and Fee Rules
On December 8, 2025, the Minnesota Pollution Control Agency (MPCA) adopted a final rule for products containing PFAS. The MPCA determined that any product with intentionally added PFAS that is sold, offered for sale, or distributed in Minnesota must be included in an initial report by the manufacturer by July 1, 2026, along with an $800 fee. Information required in the report includes a product description, the PFAS used, PFAS concentration, the function provided by the intentionally added PFAS, and available contact information from the PFAS manufacturer. Additional information on the rule is provided on MPCA’s website.
Washington Adopts Fluorine Waiver for PFAS Product Rule
On November 20, 2025, the Washington State Department of Ecology (Ecology) announced the adoption of an amendment to Washington Administrative Code (WAC) 173-337 through its Safer Products for Washington program. The original rule was adopted on May 31, 2023, and established a ban on PFAS in aftermarket stain- and water-resistant leather and textile furnishings, vinyl flooring, personal care fragrances, flame retardants, detergents, food and drink linings, and thermal paper. The November 2025 amended final rule includes the following additions:
The amended rule took effect on December 21, 2025, and manufacturers are required to identify and track products that classify for reporting under this new rule starting on January 1, 2026. New restrictions under the rule take effect on January 1, 2027, and reports are due every year thereafter by January 31.
Geosyntec PFAS Webinar Series
Geosyntec hosted a PFAS webinar series showcasing a thorough synthesis of the state of knowledge on the management of PFAS-impacted sites. Subject matter experts from Geosyntec and the broader stakeholder community discussed key PFAS technical, regulatory, and legal issues.
To view webinar recordings of this six-part PFAS series as well as other archived PFAS webinars, visit Geosyntec PFAS Webinar Series.
Questions?
If you have any questions or would like to discuss how PFAS may impact your business, please email pfas@geosyntec.com to be connected with one of our PFAS technical experts.