PFAS Litigation Expands: New Crowell & Moring Analysis Charts 2026 Trends
Crowell & Moring has published updated PFAS litigation charts and analysis through Q1 2026.
Why it matters: PFAS lawsuits are growing in number and complexity, with broad regulatory changes intensifying exposure for both corporations and government entities. Current data and legal insights are crucial for managing the evolving risks.
- Crowell & Moring’s latest charts track expanding PFAS litigation as of April 13, 2026.
- The AFFF MDL (No. 2873) remains a mainstay, consolidating many cases in South Carolina.
- Thirty states and D.C. have sued PFAS makers over environmental contamination.
- New EPA rules in 2025 set enforceable PFAS limits in water, spurring fresh legal actions.
The landscape of per- and polyfluoroalkyl substances (PFAS) litigation in the United States continues to broaden, with updated analysis from Crowell & Moring showing ongoing growth and diversification through the first quarter of 2026. The "forever chemicals" remain at the center of high-stakes environmental actions against manufacturers and users, as well as legal claims by states, municipalities, and individuals.
- The Aqueous Film-Forming Foam (AFFF) multidistrict litigation (MDL No. 2873), based in South Carolina, still anchors PFAS cases, illustrating the widespread impact and continued consolidation of lawsuits involving firefighting foams.
- By December 2024, a coalition of 30 states and the District of Columbia had initiated lawsuits against PFAS manufacturers, targeting water supply and natural resource contamination (read more).
- Regulatory pressure has increased. In 2025, the EPA issued health advisories and enforceable maximum contaminant levels for several PFAS in public water systems (details), spurring a fresh wave of lawsuits especially from municipalities and states seeking costs of compliance and remediation.
- Many jurisdictions also enacted bans and restrictions on PFAS in consumer goods and firefighting foams, and mandated expanded PFAS monitoring in water systems in 2025.
- The EPA’s move to designate PFOA and PFOS as hazardous under CERCLA enabled cost recovery suits, with claims materializing more slowly than anticipated. As Jeff Porter of Holland & Knight notes, “The history of Superfund tells us that contribution cases can be inefficient, especially those involving a scatter shot approach to adding parties.” (analysis).
Crowell & Moring’s comprehensive charts and insights provide stakeholders with indispensable visibility into shifting trends, as new regulatory frameworks and aggressive enforcement actions heighten legal exposure. Litigators and corporate counsel tracking these developments should closely monitor evolving claims and emerging jurisdictions in ongoing PFAS disputes.
By the numbers:
- 30 states + D.C. — have sued PFAS producers as of December 2024
- 2025 — EPA issued enforceable PFAS drinking water limits impacting new litigation
- MDL No. 2873 — centralizes numerous PFAS cases in the District of South Carolina
Yes, but: A surge in CERCLA-related PFAS lawsuits has developed more slowly than anticipated, despite expanded regulatory authority.