The changes to the federal environmental regulatory landscape continue to evolve rapidly. Below, we share some developments relating to Per- and polyfluoroalkyl Substances (PFAS), the Clean Water Act, and State Climate Superfund programs.
Trump’s EPA to Keep CERCLA PFOA/PFOS Designation
In our September 10, 2025, blog, we reported that the Environmental Protection Agency (EPA) may be reconsidering the designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) as hazardous substances under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). If you placed your bet on overturning the Biden-era regulation, you lost.
Here is how Inside EPA (Paywall) reported the recent EPA decision: “In a surprise move, EPA has told a federal appellate court it is planning to retain the Biden-era rule designating two legacy PFAS as ‘hazardous substances’ under the Superfund law, clearing the way for the agency to defend the measure in a pending industry suit despite recent reports that one top EPA official advocated for the agency to oppose the rule.”
On November 4, 2024, the US Chamber of Commerce, et al., challenged the CERCLA designation.
As we stated in our September 10 blog, the designation of the two PFAS as CERCLA hazardous substances presents several potentially-significant challenges for the regulated community. In our July 30, 2024, blog, we discussed some of the implications of the CERCLA listing.
EPA’s Unified Agenda and PFAS
In other PFAS news, the EPA published its long-awaited Spring 2025 Unified Agenda on September 4, 2025. The agenda covers a wide range of issues, including Waters of the United States (WOTUS), air quality issues, and, of course, PFAS.
This agenda included a notice of its intent to rescind drinking water limits set by a Biden-era rule for hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), perfluorononanoate (PFNA), and perfluorohexanesulfonic acid (PFHxS), as well as the hazard index used to evaluate the combined risk of those compounds and perfluorobutane sulfonic acid (PFBS). The EPA also published a notice of intent to retain limits on PFOA and PFOS, although with extended timelines for compliance (April 2026).
According to Morgan Lewis, “The US Administration is expected to pursue a number of Biden-era policies impacting PFAS, or ‘forever chemicals.’ Plans are underway to finalize CWA regulations for monitoring and reporting PFAS in wastewater discharges, as well as to finalize effluent limitation guidelines (ELGs) for chemical manufacturers. Other rules are expected to be narrowed and deadlines extended.”
There have been several changes to environmental regulations, including some that keep the CERCLA designation for PFOA and PFOS (Image purchased from Shutterstock).
CWA FRP
In our July 1, 2025, blog, we mentioned that, based on an industry report, the expansive Clean Water Act – Facility Response Plan (CWA-FRP) passed under President Joe Biden may be headed for a revision.
We now know that the EPA has submitted to the White House Office of Management and Budget (OMB) its proposed rule to delay compliance dates for the CWA – FRP (Inside EPA). This is one of the many issues on the Unified Agenda.
An Inside EPA report states, “According to EPA’s regulatory agenda, the measure will also include changes to reflect administration policy, pointing to President Donald Trump’s January executive order (EO) 14154, ‘Unleashing American Energy.’ ”
The current deadline to comply with the CWA-FRP is June 1, 2027. The EPA is requesting that the deadline be delayed for up to five years.
For additional background on the CWA-FRP, see our April 21, 2024, blog.
State Climate Superfund Acts Challenged
Finally, the Trump Administration is also taking on some state programs that the Administration believes to be at odds with its focus on domestic energy policies.
As we reported in our March 1, 2025, blog, the State of New York established a climate “Superfund” program. According to a press release from Governor Kathy Hochul, “By creating a Climate Change Adaptation Cost Recovery Program, this law ensures that these companies (fossil fuel companies) contribute to the funding of critical infrastructure investments, such as coastal protection and flood mitigation systems, to enhance the climate resilience of communities across the state.”
The state of Vermont also established a similar climate Superfund program.
The United States Justice Department’s Environment and Natural Resources Division (ENRD) has challenged both programs.
The ENRD motion (in the New York filing) states, “New York has declared war on those responsible for supplying our Nation with reliable and affordable energy, and it is trampling over federal law in the process.” Further, the motion says, “the Court should end New York’s lawless overreach by granting the United States’ motion for summary judgment, declaring the Superfund Act invalid and unenforceable, and permanently enjoining Defendants from taking any actions to implement or enforce it.”
President Trump has been focused on producing more domestic energy since taking office earlier this year. See the January 20, 2025, Executive Order, Unleashing American Energy.
These and other environmental regulatory changes, especially those related to managing risks associated with PFAS, may affect your business decisions and how you approach issues such as those as “fundamental” as Environmental Due Diligence.
For more information on PFAS, see our PFAS Resource page.
Environmental Advice
Dragun Corporation has assisted the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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