EPA Not Required to Regulate PFAS in Sewage Sludge, Court Rules

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EPA is not required to identify and regulate PFAS in sewage sludge under the Clean Water Act (CWA), a federal judge ruled on September 29, 2025, in Farmer v. EPA, No. 24-cv-1654.

The CWA defines sewage sludge as “solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works.”  Every two years, the law mandates that EPA review its sewage sludge regulations and release a report “for the purpose of identifying additional toxic pollutants [in sewage sludge] and promulgating regulations for such pollutants.”

The case was brought by a group of farmers, a nonprofit that promotes organic agriculture, and an organization representing Potomac River watershed residents.  The plaintiffs argued that the widespread use of sewage sludge as fertilizer introduces PFAS into the food chain and contaminates water and property.  “EPA’s failure to identify and regulate PFAS in sewage sludge exposes Plaintiffs to continuing harm from future applications of sewage sludge on nearby properties,” their June 2024 complaint states.

They sought a court order requiring EPA to identify 18 specific PFAS in its next biennial report and to regulate 11 PFAS that the agency had already identified in previous reports—including PFOA and PFOS.

In its opinion, the D.C. District court concluded that the plaintiffs’ request exceeds the CWA’s requirements because the statute does not impose date-certain deadlines on the agency.  “Although the plain language of the CWA imposes a non-discretionary duty on EPA to review its regulations on a biennial basis, it does not mandate that EPA also identify and regulate sewage-sludge pollutants within the same time frame,” the opinion states.

The court further held that neither the biennial report nor EPA’s failure to list pollutants in that report constitutes a final agency action subject to Administrative Procedure Act (APA) review.  However, the court noted that the plaintiffs could challenge EPA’s inaction through a CWA petition, the denial of which “could constitute a final agency action” under the APA.

EPA Stands by CERCLA PFAS Designation Amid Legal Challenge

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EPA under the Trump administration will defend a rule issued by the Biden administration designating two PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the agency told the D.C. Circuit Court of Appeals on September 17, 2025.

“EPA has completed its review and has decided to keep the Rule in place,” the agency wrote in a court filing.

The case, Chamber of Commerce of the USA v. EPA, No. 24-1193, consolidates challenges to the May 2024 rule.  It has been held in abeyance since February at EPA’s request while the Trump administration determined how to proceed.

EPA’s decision to defend the rule is somewhat unexpected.  Last month, the New York Times reported that internal EPA documents recommended its repeal, stating that its “cons outweigh pros.”

Key Impacts of the CERCLA Designation

The rule has significant consequences for EPA’s ability to respond to contamination and assign cleanup responsibility for PFOA and PFOS, the two PFAS covered by the designation.

“Designating PFOA and PFOS as CERCLA hazardous substances eliminates barriers to timely cleanup of contaminated sites, enables EPA to shift responsibility for cleaning up certain sites from the Fund to [potentially responsible parties (PRPs)], and allows EPA to compel PRPs to address additional contaminated sites,” the rule states.

Due to the designation, entities that release PFOA and PFOS above reportable quantities must notify authorities.  When releases occur, EPA (and other agencies) can more quickly respond, because they no longer need to first determine that the release “may present an imminent and substantial danger.”

Crucially, the designation also allows EPA to compel PRPs to take action in response to significant PFOS or PFOA contamination—often at their own expense.

The rule justifies listing PFOA and PFOS based on their health hazards, persistence and mobility in the environment, and bioaccumulation in humans and other organisms.  EPA also conducted a “totality of the circumstances” analysis, which weighed the pros and cons of their designation.

More on EPA’s PFAS and CERCLA actions can be found on our CERCLA archive.

New Mexico to Hold Webinar on PFAS Labeling on September 25

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On September 25, 2025, the New Mexico Environment Department (NMED) will hold an informational webinar on product labelling requirements for PFAS at 1pm MT (3pm ET).  To register, email NMED-PFAS@env.nm.gov.

Under HB212, enacted in April 2025, NMED is authorized to adopt rules requiring that manufacturers label products containing PFAS.  Earlier this month, New Mexico’s Environmental Secretary reportedly told lawmakers that NMED would soon release draft regulations to implement HB 212, including labeling requirements.

PFAS Restrictions and Reporting Under HB 212
  • Labeling authority: NMED may require PFAS labeling.
  • Phased bans: Restrictions on intentionally added PFAS begin in 2027, expand to more product types in 2028, and culminate in a ban on most products in 2032. Exemptions apply for certain products, such as medical devices, and for uses designated by NMED as “currently unavoidable.”
  • Reporting requirement: By January 1, 2027, manufacturers must report information on intentionally added PFAS, including purpose of use and amount (by CASRN).

More details are available on NMED’s PFAS webpage.

California Legislature Moves to Ban PFAS in Many Consumer Products

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On September 12, 2025, California’s Assembly and Senate approved SB 682, a bill imposing sweeping prohibitions on the use of intentionally added PFAS in a wide range of consumer products.  The legislation now heads to Governor Gavin Newsom for consideration.

As reported in a previous post, SB 682 would prohibit the distribution, sale, or offering for sale of cleaning products, dental floss, juvenile products, food packaging, and ski wax with intentionally added PFAS starting in 2028, and cookware beginning in 2030.

Since that earlier update, lawmakers amended the bill to exempt certain components of cleaning products until 2031.  The final version also clarifies that, beginning in 2028, cleaning products must comply with California Air Resources Board volatile organic compound (VOC) regulations without reliance on regulatory variances.

Governor Newsom has until October 12, 2025, to act on the bill.

California Legislature Advances Bill to Expand PFAS Product Prohibitions

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California has taken another significant step towards restricting the use of PFAS in consumer products with the advancement of SB 682, a bill that would add several new product-category PFAS bans beginning in 2028.  SB 682 has already passed the state Senate and is pending in committee in the Assembly.

What Products Would be Affected by SB 682?

Starting in 2028, SB 682 would prohibit the sale of products with intentionally added PFAS for the following product categories:

  • Cleaning products;
  • Dental floss;
  • Juvenile products;
  • Food packaging; and
  • Ski wax.

Starting in 2030, SB 682 would also prohibit the sale of cookware containing intentionally added PFAS.  Used products are exempt from the scope of the bill.

Existing Restrictions

SB 682 would not be the first California law to address the use of PFAS in the above product categories.  Since 2023, the state has prohibited the sale of plant fiber–based food packaging containing intentionally added PFAS, and beginning in 2024, cookware manufacturers have been required to disclose PFAS use on food contact surfaces.

California also enacted a ban on intentionally added PFAS in certain juvenile products in 2023.  SB 682 would broaden that restriction, extending it to any “product designed for use by infants and children under 12 years of age,” with limited exceptions.

Looking Ahead

If enacted, SB 682 would be California’s most far-reaching PFAS law to date, and its full Democratic support among voting senators signals a strong likelihood of passage in the Assembly.  Given California’s outsized market influence, the bill could also have spillover effects beyond state borders, encouraging broader adoption of PFAS-free product formulations.

Irene Hantman to Present at Chemical Watch Summit in September

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Verdant Law is pleased to announce that Irene Hantman will present on litigation over green marketing claims at Chemical Watch’s Regulatory Summit North America 2025.

Ms. Hantman’s September 18 presentation will cover noteworthy recent cases, including suits against manufacturers of everyday consumer products over alleged PFAS content.  The presentation will also discuss possible impacts from state-level PFAS disclosure laws, which may lead to a floodgate of new lawsuits.

Following the 3:05pm presentation, Ms. Hantman will be joined by other experts for a Q&A session.

The Regulatory Summit will be held in Alexandria, Virginia, from September 15–18.  Virtual attendance options are available.

PFAS Phaseouts Pose National Security Risk, Pentagon Says

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In a new report to Congress, the Defense Department (DOD) is warning that mounting regulatory pressure on PFAS and a “dwindling number of domestic PFAS manufacturers” pose a growing threat to national security.

“An increasing number of mission critical PFAS and PFAS-enabled products are at risk for obsolescence due to market phase outs; manufacturer liability; complex geopolitical escalation dynamics; and  regulatory complexity, uncertainty, and inconsistency,” the July 17 report states.

“The rate of obsolescence of existing chemicals is outpacing the defense sectors and other private industries’ abilities to research, develop, test, evaluate, and adopt new chemical technologies, resulting in disruption to existing capabilities and/or sourcing from foreign entities of concern,” it adds.

The report sets out a strategy for DOD to invest in the development of PFAS alternatives, which will begin with the prioritization of critical uses.  The department will simultaneously engage with regulators and industry to ensure the “continued domestic availability of PFAS critical for defense over the next 10 years or longer.”  According the report, phasing out PFAS from materials like semiconductors could take as long as 25 years.

DOD also argues against the use of “broad” structure-based definitions of PFAS, which “do not inform whether a substance is harmful.”  A risk-based approach incorporating “chemical/physical properties and exposure properties should be considered,” the report states.

Congress requested the report in the FY 2024 defense appropriations bill.  It builds on an earlier 2023 report which focused on the five sectors with “supply chain vulnerabilities posing the most pressing threats to national security”: kinetic capabilities, energy storage and batteries, microelectronics and semiconductors, castings and forgings, and strategic and critical minerals.

EPA Again Delays PFAS Reporting Rule

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On May 13, 2025, EPA issued an interim final rule delaying implementation of the PFAS reporting requirements under the Toxic Substances Control Act (TSCA), citing technical difficulties.

The submission period is now scheduled to begin on April 13, 2026, instead of July 11, 2025.  It will close on October 13, 2026, with an alternate deadline of April 13, 2027, for small manufacturers reporting exclusively as article importers.

The rule states that the delay will “ensure that the project team has adequate time to complete development and testing” of the Central Data Exchange (CDX) reporting tool.  EPA also notes that it will give the agency time to consider reopening elements of the PFAS reporting rule in light of Executive Order 14192: Unleashing Prosperity Through Deregulation, issued by the Trump administration.

This is the second delay to the rule’s implementation.  In September 2024, EPA postponed the original November 2024 start date, also citing incomplete software development.  At the time, the agency attributed the delay to reduced funding.

Congress has since appropriated additional funds for TSCA’s information technology infrastructure in the FY2025 Continuing Resolution, passed just two days before EPA issued the May 13 rule.

Once implemented, the PFAS reporting rule will require all persons who manufactured or imported PFAS for commercial purposes from 2011–2022 to report information to EPA.  More on its requirements can be found here.

Apple Moves to Dismiss Watch Band PFAS Suit

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A proposed class action alleging that Apple Watch bands contain PFAS should be dismissed for lack of standing, Apple told the District Court for the Northern District of California on April 14, 2025.

The plaintiffs in Cavalier v. Apple, Inc., No. 5:25-cv-713, claim that a published study detected PFHxA (a type of PFAS) and “significantly elevated levels of fluorine” in Apple Watch bands, despite Apple’s “health and environmental promises to the contrary.”  The complaint alleges violations of California’s unfair competition law and false advertising law, as well as various fraud claims.

In its motion to dismiss, Apple argues that the plaintiffs failed to link the study results—which were anonymized—to specific Apple products.  “The [study] does not show that Apple Watch bands contain PFAS generally, nor that the particular Watch bands purchased by Plaintiffs contain PFAS,” the motion states, alleging that the complaint fails to plead an injury in fact.

Apple also objects to the plaintiffs’ characterization of PFHxA as “a dangerous form of PFAS that pose significant harms to people and the environment.”  Apple argues that the plaintiffs “provide no evidence” that PFHxA in particular has adverse health effects, and contends that they attempt to “blur the distinctions among PFAS chemicals and create a toxic scare where none exists.”

In addition, Apple argues that its advertising claims—which include statements like “[t]he ultimate device for a healthy life”—are vague and nonspecific and cannot serve as the basis for the plaintiffs’ fraud claims.

The suit is one of several recent cases targeting consumer products alleged to contain PFAS, as plaintiffs increase scrutiny of so-called “forever chemicals” in everyday items.  A hearing on the motion to dismiss is scheduled for July 31, 2025.

EPA Issues Test Order for PFAS 6:2 FTAc

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On October 9, 2024, EPA issued a test order under the Toxic Substances Control Act (TSCA) for the PFAS chemical 6:2 FTAc (CASRN 17527-29-6).  The order is the fifth issued under EPA’s National PFAS Testing Strategy, which was launched in 2021.

The order employs a tiered testing approach, as required by TSCA.  Studies on 6:2 FTAc’s physical and chemical properties and environmental fate and behavior will inform future testing on oral and inhalation health effects, reproductive and developmental toxicity, and bioaccumulation in fish.  The earliest test is due 255 days after the order took effect October 13, with most initial testing due within one year.

Depending on the results of hydrolysis testing, the companies subject to the order— Innovative Chemical Technologies, Chemours, Daikin America, Inc., Sumitomo Corp. of Americas, and Du Pont de Nemours and Co.—will also be required to conduct in vitro assays to assess skin absorption, genotoxicity, and/or mutagenicity.

According to an EPA press release, summaries of studies indicate 6:2 FTAc can “cause changes in blood cell counts, liver and kidney size, and animal behavior” in rodents.  However, EPA was unable to obtain the underlying data for these summaries and therefore determined that they did not meet the order’s data needs.

EPA also noted that 6:2 FTAc’s chemical structure “suggests that it may cause cancer.”  Like previous PFAS test orders, the agency plans to use the collected data to learn more about the potential human health effects of other structurally similar PFAS.

The order is the first issued since the D.C. Circuit’s July ruling in Vinyl Institute v. EPA, which vacated a test order due to insufficient justification in the public record.  The test order does not reference the case, which was discussed in a previous blog post.

6:2 FTAc is used to manufacture textiles, apparel, leather, and other basic organic chemicals.  Chemical Data Reporting indicates that 1–20 million pounds of 6:2 FTAc are manufactured annually.