Philip A. Moffat Quoted by Chemical Watch on Requested Changes to New Mexico PFAS Law
On November 11, 2026, Verdant Law attorney Philip A. Moffat was quoted in a Chemical Watch article titled “New Mexico Regulators Urge Legislature to Strengthen State’s PFAS Law.”
The article covers the New Mexico Environment Department’s (NMED’s) November 5 presentation to the joint Radioactive and Hazardous Materials Committee, which requested legislative intervention to strengthen the state’s PFAS Protection Act.
Mr. Moffat commented on NMED’s request for explicit fee authority in the context of ongoing state-level litigation challenging the Act’s implementing regulations. That lawsuit, which has been fully briefed, challenges the regulations’ PFAS labeling mandate and fee provisions.
A separate federal lawsuit has resulted in a preliminary injunction blocking the labeling mandate. That injunction has been appealed to the Tenth Circuit, with a ruling expected in fall or early winter 2027.
NMED’s Legislative Asks
In its presentation, NMED outlined four legislative changes it believes are necessary to strengthen the regulatory framework and address issues raised by the ongoing legal challenges and preliminary injunction:
- Require reporting for exempt products.
- Accelerate the phaseout schedule.
- Sunset exemptions.
- Explicitly authorize NMED to assess and collect fees.
New Mexico’s 2027 Legislative Session is scheduled to begin January 19. 2027.
The presentation is part of NMED’s response to House Joint Memorial 3, passed in February 2026, which directs NMED to make recommendations on whether to keep, modify, or eliminate the Act’s exemptions—including its exemption for fluoropolymers.
NMED’s report is due August 1, 2027. The Department is accepting public comments on the exemptions through the end of the year.
A PDF of the Chemical Watch article is available here, and a copy of the slides from NMED’s presentation is available here.