In Reply to: My only question is, the government can relax the PFAS posted by Bruinfan4ever on September 13, 2025 at 12:00:26
current lawsuits. Maybe future lawsuits.
The Trump administration's effort to roll back federal PFAS drinking water limits is unlikely to have a major immediate effect on existing injury lawsuits. However, changes in federal regulatory standards can influence future litigation. Plaintiffs can still pursue claims under different legal theories, and state laws and legal principles often apply independent of federal regulations.
Potential effects on PFAS injury lawsuits
The current and potential impacts of the regulatory rollback on ongoing and future litigation include:
Minimal impact on existing injury lawsuits: Most PFAS injury lawsuits rely on state common-law theories, such as negligence, nuisance, and product liability, which do not depend on specific federal drinking water levels. Lawsuits often focus on manufacturers' historical conduct and knowledge, and on the documented toxicity of the chemicals themselves.
Influence on future lawsuits: A change in the federal standard could potentially influence arguments regarding corporate "standard of care" in future cases. However, plaintiffs' lawyers are likely to argue that rolling back regulations does not erase the existing scientific evidence of harm or historical corporate negligence.
Basis for new lawsuits: Some legal experts argue that a weakened federal standard could open the door to more civil suits as a way to hold polluters accountable in the absence of strong federal oversight.
State-level protections persist: The federal rollback does not nullify the stricter PFAS regulations enacted by several states, such as New York and California. Plaintiffs in these states can still rely on the more protective state laws to support their cases.
"Anti-backsliding" legal challenges: Environmental groups are fighting the administration's rollback in court, citing "anti-backsliding" provisions in the Safe Drinking Water Act (SDWA) that prohibit the EPA from weakening drinking water standards. If the courts find the rollback unlawful, the original Biden-era standards could be restored.
Current status of the PFAS regulatory changes (as of September 2025)
In May 2025, the Trump administration's Environmental Protection Agency (EPA) announced significant changes to the drinking water regulations for PFAS that were finalized under the Biden administration.
PFOA and PFOS: The EPA decided to keep the maximum contaminant levels (MCLs) for PFOA and PFOS at 4 parts per trillion. However, it plans to extend the compliance deadline for water systems from 2029 to 2031.
Other PFAS chemicals: The agency intends to rescind the standards for four other PFAS chemicals (PFNA, PFHxS, GenX, and PFBS) and re-evaluate them through a new rulemaking process.
Current legal battles: The EPA's moves are facing legal challenges from environmental and community groups. Additionally, lawsuits filed by the chemical industry challenging the original Biden-era rule are ongoing, with the Trump EPA now asking the court to toss out the rules it intends to rescind.