EPA’s Final PFAS Data Rule Seen as Ripe for Industry Challenges

The EPA’s decision to require companies to report extensive information about PFAS in their merchandise could be challenged in court, attorneys said in recent interviews.

The law that directed the agency to issue the rule required information on chemical substances but didn’t mention manufactured goods, said Judah Prero, an attorney at Arnold & Porter Kaye Scholer LLP with years of chemical regulatory experience.

Yet, the Environmental Protection Agency’s final rule requires information on manufactured goods, called “articles” by the agency, that contain any amount of an estimated 1,462 per- and polyfluoroalkyl substances (PFAS).

“I think that’s an issue that could ...