McGuireWoods LLP’s Contaminants Compass provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (#PFAS) and similar chemicals and products. Following up on the firm’s first Contaminants Compass CLE of 2026, this edition includes a look back at some of the most significant regulatory developments concerning PFAS and similar chemicals and products in 2025, and PFAS trends to watch in 2026. https://lnkd.in/gjUvd-bq Authors: Mitchell Diles, Andrew Knudsen, Mark E. Anderson, Tony Tatum, Shannon Kasley, Adam Sowatzka
PFAS Regulatory Updates and Trends 2026
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https://lnkd.in/e6ddBA5e While production and end-user considerations are regulatory flash points, chemical transfer and repackaging operations don’t seem to be adequately showing up as regulatory major consideration. Cradle to grave oversight is something that needs more consideration and the industry must take responsibility for addressing it.
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📢 New Defra consultation: Amendments to the UK POPs Regulation (2026) Defra has opened a consultation on proposed amendments to the UK Persistent Organic Pollutants (POPs) Regulation, including the potential addition of new POPs and changes affecting substances such as MCCPs, LC‑PFCAs, UV‑328, Dechlorane Plus and chlorpyrifos. The consultation also explores impacts for businesses operating across Great Britain and Northern Ireland. If your organisation manufactures, imports, places products on the market, or manages waste containing POPs, now is the time to engage. These changes could have significant implications for supply chains, product compliance and waste obligations. 🔎 The WSP Chemical Compliance team is supporting clients in understanding the proposals, assessing business impacts and preparing consultation responses. For help and support with POPs or any of your chemical compliance needs, contact us today. 📩 Get in touch: reach@wsp.com 👉 Consultation details: Amendments to the Persistent Organic Pollutants (POPs) Regulation 2026 - GOV.UK #POPs #ChemicalsRegulation #UKRegulation #EnvironmentalCompliance #REACH #StockholmConvention #WSP
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Democratic lawmakers have reintroduced the Forever Chemical Regulation and Accountability Act, which would phase out nonessential uses of PFAS in products over a 10-year period. The proposed legislation would require manufacturers to submit phase-out plans to the EPA, expand reporting and recordkeeping requirements, and increase regulatory enforcement authority. Learn more about what this could mean: https://hubs.ly/Q048mzd90.
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Going deeper into the Proposition 65 regulations today I came across PFAS. Only 3 are currently listed under Proposition 65. Perfluorooctanoic acid (PFOA) Perfluorooctane sulfonate (PFOS) Perfluorononanoic acid (PFNA) Another detail that stood out to me is that California has not established a safe harbor exposure level for these PFAS yet. When a chemical is listed but no NSRL or MADL has been established, it means the chemical is recognized as potentially hazardous but regulators have not yet set a specific safe harbor exposure threshold. PFAS regulation is evolving quickly across several regulatory frameworks and it will be interesting to see how California continues to approach exposure thresholds under Proposition 65. #Prop65 #PFAS #proposition65
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In a significant development in the PFAS multidistrict litigation (MDL), the federal judge overseeing the cases has once again declined to recuse himself despite renewed requests from defendants, including DuPont and 3M. The background of the situation involves contamination claims against these companies, among others, related to “forever chemicals.” The defendants argued that the judge's past relationships or connections with DuPont and 3M could present potential conflicts of interest, citing prior work, financial interests, or indirect affiliations. However, the judge determined that these alleged ties were either too remote or did not meet the legal standards for disqualification under federal recusal guidelines. In federal court, recusal typically requires either a direct financial interest or a scenario where a reasonable person might question the judge's impartiality. In this case, the court concluded that the necessary threshold was not met, allowing the judge to continue overseeing the litigation. For more information on the PFAS lawsuits and related water contamination issues, visit the link provided.
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Inside EPA’s Inside TSCA recently quoted Principal Mark Duvall's panel discussion at the American Chemistry Council’s GlobalChem conference about the implications of EPA's delayed timeline in publishing final scope documents for pending Toxic Substances Control Act (TSCA) risk evaluations for five existing chemicals, as it relates to EPA’s authority to collect fees from manufacturers of those chemicals. For more information, click here: https://lnkd.in/eSVGEkrv #TheEnvironmentalLawFirm #TSCA #Chemicals
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𝗕𝗲𝘀𝘁 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗲𝘀 𝗶𝗻 𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹 𝗪𝗮𝘀𝘁𝗲 𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 𝗳𝗼𝗿 𝗦𝗺𝗮𝗹𝗹 𝗣𝗹𝗮𝗻𝘁𝘀 #𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹𝗪𝗮𝘀𝘁𝗲𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 has evolved from a regulatory obligation into a strategic priority for small to mid-sized chemical plants. Read more on the link below https://lnkd.in/gYHxd3D4 #ChemicalWaste #EnvironmentalCompliance #IndustrialSafety #SustainableManufacturing #WasteManagement
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𝗕𝗲𝘀𝘁 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗲𝘀 𝗶𝗻 𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹 𝗪𝗮𝘀𝘁𝗲 𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 𝗳𝗼𝗿 𝗦𝗺𝗮𝗹𝗹 𝗣𝗹𝗮𝗻𝘁𝘀 #𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹𝗪𝗮𝘀𝘁𝗲𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 has evolved from a regulatory obligation into a strategic priority for small to mid-sized chemical plants. Read more on the link below https://lnkd.in/gYHxd3D4 #ChemicalWaste #EnvironmentalCompliance #IndustrialSafety #SustainableManufacturing #WasteManagement
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𝗕𝗲𝘀𝘁 𝗣𝗿𝗮𝗰𝘁𝗶𝗰𝗲𝘀 𝗶𝗻 𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹 𝗪𝗮𝘀𝘁𝗲 𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 𝗳𝗼𝗿 𝗦𝗺𝗮𝗹𝗹 𝗣𝗹𝗮𝗻𝘁𝘀 #𝗖𝗵𝗲𝗺𝗶𝗰𝗮𝗹𝗪𝗮𝘀𝘁𝗲𝗗𝗶𝘀𝗽𝗼𝘀𝗮𝗹 has evolved from a regulatory obligation into a strategic priority for small to mid-sized chemical plants. Read more on the link below https://lnkd.in/gYHxd3D4 #ChemicalWaste #EnvironmentalCompliance #IndustrialSafety #SustainableManufacturing #WasteManagement
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PFAS continues to be a major hotspot for complex, multi‑jurisdictional litigation. From my work on cross‑border catastrophic injury and large‑loss cases, I’m seeing firsthand how quickly these claims are developing and how often they test the limits of traditional policy structures. With new actions being issued and historic settlements now reaching nine‑figure levels, insurers are under growing pressure to examine their policy wordings with far greater scrutiny. Exclusions, triggers and indemnity scopes are all coming under the microscope as insurers look to protect themselves against long‑tail, high‑value exposure. The direction of travel is unmistakable: more claims, escalating values, and an increased need for carefully calibrated wording and strategic reserve planning. As this landscape evolves, ensuring policies are robust, precise and forward‑looking is becoming essential rather than optional.
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