We continue to provide brief reminders of the Biden-era final rules that are yet to be addressed under the new administration. One of those regulations is the per- and polyfluoroalkyl substance (PFAS) retrospective reporting requirement under the Toxic Substance Control Act (TSCA) Section 8(a)(7). As we reported on February 13, 2024, “This rule requires regulated entities to submit a report relating to the manufacture and import of PFAS chemicals or each year for which PFAS or PFAS-containing articles were manufactured between January 1, 2011, and December 31, 2022. There are no exemptions for small businesses or de minimis usage.”
Implementation was delayed in the fall of 2024. Most reporters will be required to complete all reporting by January 11, 2026, with small manufacturers having until July 11, 2026.
Expect Environmental Regulatory Changes
It’s worth noting that on February 19, 2025, President Trump issued an Executive Order that suggests changes are likely on the horizon. The Order states, “It is the policy of my Administration to focus the executive branch’s limited enforcement resources on regulations squarely authorized by constitutional Federal statutes, and to commence the deconstruction of the overbearing and burdensome administrative state. Ending Federal overreach and restoring the constitutional separation of powers is a priority of my Administration” (emphasis added).
A recent EO stated that the Trump Administration will “commence the deconstruction of the overbearing and burdensome administrative state” (Photo by Goutham Krishna on Unsplash).
Acting SEC Chair Pauses Disclosure Rule
As reported by the United States Security and Exchange Commission on February 11, 2025, “Today acting Chairman Uyeda, without the input of the full Commission, has instructed the staff to ask the Eighth Circuit Court of Appeals to delay scheduling oral arguments in litigation challenging the Climate-Related Disclosure Rule. The Commission’s briefs, ‘do not reflect [the acting Chairman’s] views,’ he wrote in a statement. As such, the court should be ‘notified’ of certain changes, such as the change in composition of the Commission, and the recent Presidential Memorandum regarding a Regulatory Freeze.”
For more information about the SEC rule, see our April 28, 2023, blog.
New York Climate Change Superfund Act
While the Trump Administration is continuing its efforts to reduce regulations, it is believed that, as in the first Trump Administration, he will push environmental efforts to the states. One state, New York, is ramping up its regulatory focus on climate with its Climate Change Superfund Act.
The law firm, Sidley, provides this explanation of the law, “The Act establishes a Climate Change Adaptation Cost Recovery Program (the “Program”), to be overseen by the New York State Department of Environmental Conservation (the “Department”) and enforced by the Department, the Department of Tax and Finance, and the Office of the New York State Attorney General. The law authorizes the state government to levy billions of dollars in fines on fossil fuel companies over the next two decades for alleged contribution to greenhouse gas (GHG) emissions. New York would then be allowed to collect and deposit the monies in a ‘fund’ — akin to a federal superfund, though structured differently — that the state may use to pay for projects to address the effects of climate change.”
For perspective, New York City’s Average Annual Electricity Usage is 55.7 billion kilowatt hours (kWh), leading all US cities in electricity use. About 30% of the city’s electricity comes from renewable sources like solar, wind, and hydropower. Overall, New York City’s energy use leads to approximately 6.5 million metric tons of CO2 emissions each year (Source: Yahoo Finance).
Environmental Advice
Dragun Corporation has been assisting the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, including litigation support, 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, frequent speaker, and 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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