2026 Q3 Update
2026 Q3 UPDATE | 3 www.alstonpfas.com Federal Updates SEPTEMBER 2026 EPA Grants Illinois Interim Primacy for PFAS SDWA Rule (September 29, 2026) The EPA tentatively approved Illinois’s adoption of a 2024 federal EPA rule that sets limits for six PFAS in drinking water under the Safe Drinking Water Act (SDWA). If the approval is finalized, Illinois will have control over compliance deadlines for maximum containment levels for PFAS in public water systems within the state. The EPA approved the adoption even as the EPA itself is undergoing a rulemaking to repeal standards that apply to four of the six PFAS. AUGUST 2026 EPA Rescinds Biden-Era Guidance for Preventing PFAS Pollution in Drinking Water (August 11, 2026) The EPA’s Office of Water undertook a review of guidance documents to ensure its published materials align with current laws, regulations, and policies. During this review, the office identified several guidance documents it determined were “appropriate for rescission,” including the 2022 policy memo Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs. State Updates CALIFORNIA September 2026: AB 1603 was signed into law. The bill as originally proposed would have prohibited the use of intentionally added PFAS in pesticides, but the final law only requires the Department of Pesticide Regulation to publicly disclose which pesticides contain PFAS active ingredients. CONNECTICUT July 2026: The Department of Energy & Environmental Protection’s regulations requiring labels to inform purchasers when certain consumer products contain intentionally added PFAS went into effect on July 1. ILLINOIS July 2026: Illinois enacted SB 3917, which requires PFAS sampling in NPDES permits for major facilities and requires NPDES permit applciations for any discharge of wastewater that has the potential to contain PFAS. It also prohibits the issuance of a permit for sludge or biosolids without PFAS sampling results and mandates that permits for sludge or biosolids include PFAS testing requirements. MASSACHUSETTS July 2026: Introduced H.5598 (replacing H.4870), which would establish a PFAS Remediation Trust Fund for testing and treatment of PFAS contamination in water, soil, landfills, and other media. The bill would also ban the use of PFAS in certain products—including carpets, children’s products, food packaging, personal care products, textiles, and firefighting foam—and allow the Department of Public Health to restrict the use of PFAS in additional products. The bill would also require manufacturers and distributors to publicly disclose whether they add PFAS to products sold in the state. The updated version expands assistance for private well owners through the PFAS Remediation Trust Fund. MINNESOTA September 2026: As of September 15, manufacturers must report intentionally added PFAS in products sold in Minnesota under Amara’s Law. Reports will be due each year on February 1. NEW HAMPSHIRE July 2026: Enacted HB 1275, which grants farmers immunity from civil liability for alleged harms caused by PFAS in soil, water, or agricultural products resulting from standard agricultural practices, including the land application of sludge or biosolids. It also requires the Department of Environmental Services to develop PFAS standards for biosolids at land-application sites and prohibits land application beginning January 1, 2028 if biosolid or soil PFAS concentrations exceed those standards. It further exempts certain Department of Defense products from PFAS use restrictions and revises the PFAS fund’s “drinking water standard.” NEW JERSEY August 2026: Enacted S1281 (carryover of S4798 and A5260), which prohibits, beginning two years after enactment, the sale, manufacture, and distribution of any apparel or diaper product containing intentionally added PFAS. It also requires manufacturers to certify to the Division of Consumer Affairs that each such product does not contain intentionally added PFAS and to provide a copy of the certification to purchasers. Violations are subject to administrative enforcement actions, civil actions, civil administrative penalties up to $20,000, civil penalties up to $25,000, prohibitions from sale or distribution, and public notice of noncompliance.
2026 Q3 UPDATE | 5 www.alstonpfas.com Litigation Updates Federal Court Enjoins New Mexico PFAS Labeling Requirement The District of New Mexico issued a preliminary injunction that enjoins a regulation adopted by New Mexico’s Environmental Improvement Board that would require manufacturers of products with intentionally added PFAS to label their product with an Erlenmeyer flask with the word “PFAS” inside the flask. The challenge to the regulation was brought by the American Chemistry Council and other industry groups based on their claims that the regulation violates the First Amendment and the Dormant Commerce Clause. On the element of likelihood of success on the merits, the court found that it is likely that the plaintiffs will be able to establish that there is no reasonable fit between the compelled speech in the regulation and New Mexico’s stated interest. On irreparable injury, the court observed that the Supreme Court has made clear that a loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Finally, the court held that the balance of the equities and the public interest supported the preliminary injunction. September 16, 2026 | American Chemistry Council v. Kenney, No. 1:26-cv-02130 (D.N.M.). North Carolina Reaches Deal for Alleged PFAS Contamination While on appeal to the North Carolina Supreme Court over a challenge to the North Carolina attorney general’s authority in North Carolina’s lawsuit against DuPont and its spinoffs, the parties announced that they reached a $590 million settlement to resolve North Carolina’s and local governments’ claims against the DuPont entities for alleged PFAS contamination. Under the terms of the agreement, $75 million will go to North Carolina and $380 million will go to local governments that were affected by the alleged contamination. That $455 million will be paid out over the next 10–15 years. The remaining $135 million will be used for a reserve fund to ensure compliance under a prior consent order. According to North Carolina, this is “the largest total environmental damages recovery in the state’s history.” September 10, 2026 | State of North Carolina v. E.I. du Pont de Nemours and Company, No. 436A21-2 (N.C.). Greg Berlin Partner Meaghan Boyd Partner Jeffrey Dintzer Partner Matt Wickersham Partner Andrew Roberts Senior Associate Hillary Sanborn Senior Associate Robia Amjad Associate Frankie Brown Associate Megan Couch Associate Madeline Daniel Associate Andrea Galvez Associate Kiara Harding Associate Ytran Hoang Associate Jane Kaufman Associate Clayton Kinsey Associate Briana Matusovsky Associate Jacki Moreira Associate Rachel Robson Associate Parsa Tafazoli Yazdi Associate Contributors
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