As the dust settles from the recent election cycle, anyone following PFAS developments closely must consider how the shifting balance of power will impact the slew of PFAS regulatory and legislative initiatives that currently exist. Our brief take on the elections impact on PFAS initiatives is as follows:

• The recent elections will not slow down the EPA in its drive to significantly regulate PFAS. The EPA’s leadership and the Biden administration have made it clear that PFAS is a top priority issue for the agency, which will continue at least until the next Presidential election.

• While the EPA’s desire to regulate PFAS and enact new PFAS regulations will not be quelled, the EPA may face a hurdle moving forward in terms of funding for all of its PFAS initiatives. The Republican controlled House will not seek to entirely kill the EPA’s initiatives, but it will have several other agenda items that are more top-of-mind for its members when compared to PFAS. This will naturally lead to a fight for EPA PFAS funding, and a battle which is likely to see a curtailing of EPA funding for PFAS projects to some degree.

• The 117th Congress saw 80 PFAS bills introduced at the federal level. With Democrats controlling the Senate and several bipartisan bills likely to be introduced in the Congress, it is likely that PFAS bills will be introduced or re-introduced with the new Congress. However, many of the bills will amount to little more than political talking points, as they are unlikely to pass both the House and Senate with the necessary majorities.