“In the face of accelerating EPA and state regulatory activity on per- and polyfluoroalkyl substances (‘PFAS’)[i], Congress is pressing forward with measures that would address or impose limitations on these ‘forever chemicals.’ More than thirty such legislative measures are currently pending in Congress covering a number of subjects related to PFAS including, but not limited to, those involving military uses, funding assistance, detection and research, product stewardship, site remediation, and regulatory mandates. Of these, the most comprehensive initiative, and the subject of significant public attention, is the PFAS Action Act of 2021[ii], passed by the House last month by a vote of 241-183 with twenty-three Republicans joining their Democratic colleagues in supporting the bill. The measure is now pending in the Senate before the Committee on the Environment and Public Works. While the path forward for this bill in the Senate may be uncertain, it is important to bear in mind that the PFAS provisions of this proposed legislation may be incorporated into other measures such as those addressing infrastructure[iii], spending or defense. Read more…
