PFAS Laws, Lawsuits, Settlements, and Your Rights

PFAS litigation is one of the largest ongoing environmental legal actions in U.S. history. Over $16 billion in settlements have been reached since 2017. Tens of thousands of individual lawsuits remain active. This page covers the key laws, the major cases, and what options exist for affected individuals and communities.

The Legal Landscape at a Glance

Federal Regulatory Framework

Three federal laws form the backbone of PFAS regulation in the United States. Understanding which law applies to your situation determines what protections exist and what remedies are available.

The April 2024 Drinking Water Rule

The EPA’s April 2024 National Primary Drinking Water Regulation is the most significant PFAS regulatory action to date. It set the first nationally enforceable limits for six PFAS in drinking water.

What the rule requires

• MCLs: 4 ppt for PFOA and PFOS; 10 ppt for PFNA, PFHxS, and HFPO-DA (GenX); Hazard Index of 1.0 for mixtures.
• Monitoring: Public water systems must complete initial monitoring by 2027.
• Public notification: Systems must include PFAS results in annual Consumer Confidence Reports.
• Compliance deadline: Systems exceeding MCLs must implement solutions. Compliance deadline for PFOA and PFOS extended to 2031.
• Funding: $1 billion allocated through the Infrastructure Investment and Jobs Act for testing and treatment.

Current legal status

The rule is under active challenge. The American Water Works Association and industry groups filed suit in June 2024 arguing the EPA did not follow proper procedures. In September 2025, the EPA moved to vacate four of the six MCLs (for PFNA, PFHxS, HFPO-DA, and the Hazard Index mixture). The D.C. Circuit denied that request in January 2026. As of February 2026, all six MCLs remain legally in effect while litigation continues.

CERCLA Hazardous Substance Designation

In April 2024, the EPA designated PFOA and PFOS as hazardous substances under CERCLA, the federal Superfund law.

What it means

• Parties responsible for PFOA and PFOS contamination at Superfund sites are now legally liable for cleanup costs under CERCLA.
• The EPA can recover cleanup costs from responsible parties including manufacturers, military facilities, and industrial sites.
• Communities near contaminated sites may qualify for federally funded cleanup rather than relying solely on state programs or litigation.

Legal challenge

Industry groups challenged the CERCLA designation in court. In September 2025, the Department of Justice confirmed it would defend the rule. The designation remains in effect while litigation proceeds.

Federal Regulatory Timeline

PFAS regulation developed slowly relative to the scale of contamination. Internal documents show manufacturers knew about risks decades before federal action was taken.

• 1947–1970sPFAS production at industrial scale by 3M and DuPont. Internal studies at 3M document PFAS contamination in human blood. No regulatory action.
• 1998EPA issues administrative order to 3M requiring disclosure of PFAS health data. Internal documents surface showing DuPont concealed PFOA contamination near its West Virginia plant.
• 20003M voluntarily phases out PFOS production under EPA pressure. Production of PFOS had continued for nearly 40 years.
• 2005EPA fines DuPont $16.5 million for concealing PFOA health risk data. Largest civil EPA penalty at the time. C8 Science Panel formed as part of settlement.
• 2009EPA issues Provisional Health Advisories for PFOA (0.4 ppb) and PFOS (0.2 ppb). First federal guidance on safe levels, not enforceable.
• 2016EPA issues Lifetime Health Advisories for PFOA and PFOS at 70 ppt combined. Still advisory only, not an enforceable MCL.
• 2019EPA announces PFAS Action Plan, committing to consider MCLs for PFOA and PFOS. DoD begins systematic PFAS testing at military installations.
• June 2022EPA reduces Health Advisory levels to near zero: 0.004 ppt for PFOA, 0.02 ppt for PFOS. Acknowledges previous 70 ppt guidance was insufficiently protective.
• March 2023EPA proposes the first national PFAS drinking water MCLs for public comment. Over 120,000 comments submitted.
• April 2024EPA finalizes the PFAS National Primary Drinking Water Regulation. First enforceable federal drinking water standards for six PFAS. EPA also designates PFOA and PFOS as CERCLA hazardous substances. $1 billion in infrastructure funding announced.
• May 2025EPA extends PFOA and PFOS compliance deadline from 2029 to 2031. Announces intent to rescind MCLs for four other PFAS compounds.
• Sept. 2025EPA moves to vacate four PFAS MCLs through litigation. DOJ confirms it will defend the CERCLA hazardous substance designations.
• Jan. 2026D.C. Circuit denies EPA’s request to vacate the four challenged MCLs. All six standards remain in effect as litigation continues.

Major PFAS Settlements

Most of these funds went to public water utilities for treatment costs, not to individuals. Individual personal injury settlements are handled separately through the AFFF MDL.

Active Litigation: February 2026

Your Rights as an Affected Individual

If you live in a community with PFAS-contaminated drinking water, or if you have been diagnosed with a disease linked to PFAS exposure, several legal options may be available to you.

If Your Community Has Contaminated Water

File a complaint with your state drinking water program. If your water utility is in violation of state or federal MCLs and has not notified you or taken corrective action, file a complaint with your state’s primacy agency for Safe Drinking Water Act enforcement.

Contact your water utility. Public water utilities are required to notify customers when MCLs are exceeded and to publish a public notice describing the violation and the corrective actions being taken. If your utility has not done this, request the information in writing.

Check settlement eligibility. If your water utility has PFAS contamination, it may be eligible for funds from the 3M or DuPont national settlements. Contact your utility’s legal counsel or your state drinking water program to find out what funds are available for treatment upgrades.

If You Have a Personal Injury Claim

Who qualifies. Personal injury lawsuits focus on individuals who developed cancer or other serious health conditions linked to PFAS exposure. The strongest cases involve people exposed to AFFF firefighting foam, particularly veterans, military personnel, and civilian workers at military bases, airports, or industrial facilities.

The conditions most commonly linked to PFAS in litigation include: kidney cancer, testicular cancer, thyroid cancer, bladder cancer, prostate cancer, liver cancer, non-Hodgkin lymphoma, ulcerative colitis, and thyroid disease.

The AFFF MDL. Most individual PFAS personal injury cases have been consolidated into the federal MDL 2873 in the U.S. District Court for the District of South Carolina, presided over by Judge Richard M. Gergel. As of December 2025, more than 15,334 cases are active.

How to find legal help:

• Search for attorneys who specialize in PFAS personal injury litigation or environmental law in your state.
• The AFFF MDL involves many plaintiffs’ law firms working on contingency, meaning no upfront legal fees.
• If you are a veteran, the Veterans Affairs system and legal aid organizations may provide additional resources.
• State bar association referral services can connect you with attorneys who handle toxic tort cases.

If You Own a Private Well

Private well owners are not covered by the SDWA MCLs and have no automatic right to government-funded remediation. If your well is contaminated due to a nearby industrial facility, military base, or landfill, you may have a claim against the responsible party.

• Document your well test results with a certified laboratory. Keep records of all tests and dates.
• Research the history of nearby contamination sources: military bases, industrial facilities, airports, and landfills are the most common sources.
• Contact your state environmental agency. Some states require responsible parties to provide alternative water supplies to affected private well owners.
• Consult an environmental attorney. Property damage claims related to PFAS contamination of private wells are an active area of litigation.

How to File a Complaint or Report

State Attorney General Actions

At least 15 state attorneys general have filed PFAS lawsuits against manufacturers. These cases often pursue broader remedies than federal MDL litigation and seek to fund state-specific cleanup and remediation programs.

Key Legal and Regulatory Resources

• EPA PFAS Strategic Roadmap: epa.gov/pfas — The EPA’s central hub for all PFAS regulatory actions including the April 2024 drinking water rule and CERCLA designation.
• AFFF MDL Court Records: Search MDL 2873 at the U.S. District Court for the District of South Carolina for case management orders, settlement documents, and current status.
• Harvard EELP PFAS Tracker: eelp.law.harvard.edu — Tracks all federal PFAS litigation and regulatory actions, updated regularly.
• Safer States Policy Tracker: saferstates.org/pfas — Tracks state-level PFAS legislation and regulations with interactive maps and bill-by-bill status.
• NRDC PFAS Resources: nrdc.org/pfas — Legal analysis, advocacy resources, and community guides for people dealing with PFAS contamination.
• National PFAS Contamination Coalition: pfasproject.com — Coalition of affected communities with resources for organizing local responses and connecting with legal support.