What a Weaker Federal Regulatory Environment Means for PFAS at the State Level

With President Donald Trump retaking the White House, environmental regulations at the federal level are on thin ice. In his first term, the Trump administration rolled back 99 federal environmental rules and regulations, including rules on how the U.S. Environmental Protection Agency (EPA) dealt with toxic materials. President Trump has also tapped former U.S. Representative Lee Zeldin to lead the EPA. When announcing the appointment on 11 November 2024, President Trump said Zeldin “will ensure fair and swift deregulatory decisions that will be enacted in a way to unleash the power of American businesses, while at the same time maintaining the highest environmental standards, including the cleanest air and water on the planet.”

One central concern among environmental groups is the regulation of per- and polyfluoroalkyl substances (PFAS). With their pervasive use across multiple industries, PFAS, also known as “forever chemicals,” have become an environmental and public health concern in recent years. For his part, Lee Zeldin has recognized the hazards of PFAS in the environment, voting twice for legislation regulating PFAS in drinking water and requiring polluters to pay for cleanup under the federal Superfund program. However, in his confirmation hearing, Zeldin stressed the importance of not “suffocating the economy” regarding environmental regulations.

Due to this uncertainty around the future of PFAS regulation at the federal level, many states have taken the initiative to ensure the control of these chemicals. To better understand what this will look like for the future of these regulations, 3E sat down with Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C), New Hampshire State Representative Rosemarie Rung, Wisconsin State Senator Eric Wimberger, and Terry Wells, the associate director of Regulatory Research at 3E.