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ARTICLE · 01 OCTOBER 2025

ALJ Disapproves Minnesota's Proposed PFAS Rule Package Pending Correction

Bergeson & Campbell
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As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances...

United StatesEnvironment
Lynn L. Bergeson Esq.
Lynn L. Bergeson Esq.
Carla Hutton
Carla Hutton
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As reported in our May 29, 2025, memorandum, on May 22, 2025, the Minnesota Pollution Control Agency (MPCA) held a public hearing on its proposed per- and polyfluoroalkyl substances (PFAS) reporting rule. Administrative Law Judge (ALJ) Jim Mortenson facilitated the hearing. To allow the proposed rule to move forward, the ALJ must conclude that MPCA has the legal authority to adopt the rule; that MPCA has fulfilled all relevant legal and procedural requirements to promulgate the rules; and that MPCA demonstrated the need and reasonableness of each portion of the proposed rule. ALJ Mortenson considered the comments provided both during the hearing and in writing as he evaluated the proposed rule. His August 28, 2025, report on the proposed rule concludes that:

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