In an article for Law360, MG+M The Law Firm Partners Brian Gross and Max Swetman, along with Associate Mikaela Barbour, examine key trends and insights shaping PFAS regulation and litigation as we enter 2026.

Excerpt: The authors explain that the PFAS legal and regulatory framework continues to evolve through regulatory recalibration, judicial oversight, and sustained state-level innovation. Federal activity appears increasingly focused on reinforcing existing initiatives rather than introducing sweeping new PFAS regulations, while states continue to fill perceived gaps through product restrictions, drinking water standards, and biosolids measures.

At the federal level, the article addresses developments related to EPA drinking water maximum contaminant levels, ongoing challenges to CERCLA hazardous substance designations for PFOA and PFOS, and proposed amendments to the TSCA PFAS reporting rule that could meaningfully reduce compliance burdens while preserving access to higher-value exposure and use data.

States continue to advance PFAS restrictions across product categories, drinking water, and waste streams, contributing to a complex and uneven compliance landscape for regulated entities. The authors highlight continued legislative and enforcement activity in jurisdictions including California, Minnesota, Michigan, and several New England states, particularly with respect to product bans and biosolids-related measures.

On the litigation front, the article examines continued delays in the AFFF multidistrict litigation, including postponed bellwether personal injury trials, and the broader implications for Daubert and Rule 702 rulings. The authors also discuss developments outside the MDL, including settlements and targeted rulings addressing federal preemption, administrative law limits, and causation standards.

The article is available for download below and may also be accessed on Law360. A subscription may be required.