Trump EPA may uphold Biden-era PFAS rule amid regulatory continuity

Anthony A. Licata Chief Operating Officer Morgan Lewis
Anthony A. Licata Chief Operating Officer - Morgan Lewis
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The Environmental Protection Agency (EPA) under the Trump administration may maintain a rule from the Biden era that classifies certain Perfluoroalkyl and polyfluoroalkyl substances (PFAS) as hazardous under the Superfund law, according to legal experts. Partners Matthew Thurlow and Stephanie Feingold, along with associate Drew Cleary Jordan, shared their insights on this matter in an article for InsideEPA.

Matthew Thurlow commented on the administration’s approach, stating, “Reading the tea leaves, you can see that the administration is committed to continuing to regulate PFAS, and there’s no sign from [Zeldin’s recent] press release that EPA is going to walk away from the CERCLA and Safe Drinking Water Act rulemakings.”

Stephanie Feingold highlighted that supporting regulation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) under both the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Safe Drinking Water Act (SDWA) aligns with priorities set by the first Trump administration’s PFAS action plan.

Drew Cleary Jordan noted that he does not anticipate a significant deregulatory move by the Trump EPA regarding PFAS but mentioned there might be some relaxation of specific aspects of CERCLA and water rules.



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