Judge temporarily halts strict New Hampshire PFAS regulations

Read the full story in Waste Dive.

New Hampshire’s regulations of per- and polyfluoroalkyl substances (PFAS) require a more thorough cost-benefit analysis before implementation, according to a new ruling. The Union-Leader reports Merrimack County Superior Court Judge Richard B. McNamara granted a preliminary injunction against required testing for PFAS​ in landfills, wastewater treatment plants, and water systems on Nov. 26.

Several companies, including PFAS manufacturer 3M, argued the rules constituted an unfunded mandate in a September lawsuit, which McNamara said likely did not apply. “Plaintiffs have not established that they will likely succeed [in their arguments],” he wrote, but nonetheless determined that the state Department of Environmental Services (DES) “has not conducted an adequate cost-benefit analysis” to regulate PFAS. 

The regulations, which went into effect two months ago, were the first in the United States to require routine landfill testing. The injunction does not take effect until Dec. 31 and either party can appeal to the New Hampshire Supreme Court. DES did not respond to a request for comment from Waste Dive by publishing time.

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