THE HILL BRIEF

Policy Insights from Washington’s Leading Firms

Brownstein Hyatt Farber Schreck, Client Alert, October 14, 2025

Brownstein reports that federal regulators have significantly expanded their oversight of per- and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” marking a major shift in the national regulatory landscape. At the federal level, the U.S. Environmental Protection Agency (EPA) has finalized the first national drinking water standards for PFAS, setting maximum contaminant levels for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) at 4 parts per trillion. The rule also establishes a “hazard index” to regulate mixtures containing additional PFAS compounds, including perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX), and perfluorobutanesulfonic acid (PFBS). Brownstein notes that while the EPA has extended the compliance deadline for public water systems to 2031, a final rule is expected in 2026.

Beyond drinking water, Brownstein highlights that the EPA has taken aggressive action under multiple federal statutes to tighten PFAS controls. Under the Toxic Substances Control Act (TSCA), the agency now requires companies to undergo federal review before resuming production or use of more than 300 PFAS chemicals. The EPA has also expanded the Toxics Release Inventory (TRI) to include additional PFAS compounds, closing previous reporting loopholes.

One of the most consequential actions, according to Brownstein, is the EPA’s designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund law. This decision—effective July 2024—subjects companies to strict, retroactive liability for PFAS contamination, allowing the federal government to require responsible parties to pay for or perform cleanup at contaminated sites. The U.S. Department of Justice is defending the rule against ongoing industry challenges.

Brownstein also reports that other federal agencies are advancing PFAS regulation. The U.S. Food and Drug Administration (FDA) has banned PFAS-based food packaging by withdrawing approvals for grease-proofing agents used in wrappers and containers. The U.S. Department of Agriculture (USDA) has expanded programs to help farmers manage PFAS exposure, including compensation for contaminated dairy herds and cost-share assistance for soil and water testing. The U.S. Department of Defense (DOD) has identified nearly 600 military sites with PFAS contamination and is transitioning to PFAS-free firefighting foams, though cleanup efforts are expected to extend into the 2030s.

Finally, the firm suggests that companies monitor EPA rulemaking closely, audit supply chains, and prepare for a regulatory environment where PFAS compliance and remediation are central federal priorities.

Holland & Knight, Eyes on Washington: Shutdown Briefing – Day 14, October 14, 2025

Holland & Knight reports that the federal government shutdown has reached Day 14, with negotiations to reopen still stalled. It also reports that Treasury Secretary Scott Bessent announced plans to “prioritize payments” to soldiers, although it remains unclear whether the Treasury Department has the authority to redirect congressionally appropriated funds.

Holland & Knight notes that congressional activity stays limited. The House of Representatives is scheduled to reconvene on October 20 under the 48-hour rule, while the Senate met only in a pro forma session on October 14. Democratic leaders are still confident in their negotiating position on healthcare, while Republican leadership has expressed skepticism that troop pay will be prioritized. Bipartisan efforts to end the shutdown have also stalled as both chambers operate on limited schedules.

In the executive branch, Holland & Knight explains that President Trump has continued to emphasize a hardline position, saying he could permanently cut “favorite projects” to secure concessions, though his recent travel to Israel and Egypt has reduced his direct involvement. The firm also notes that reductions in force directed by OMB Director Russell Vought have faced setbacks—by October 13, about half of the 1,300 CDC employees who were relieved of duty had returned to work. Additionally, the Transportation Security Administration confirmed that 95 percent of its workforce is still active, limiting disruptions to air travel.

Holland & Knight outlines several key milestones ahead:

• October 15: The president has indicated that funds have been identified to ensure U.S. service members are paid, and the administration intends to move forward with that plan. However, those payments could be at risk if the government shutdown remains unresolved or if the administration’s funding approach fails.
• Mid-October: The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) may begin to experience funding shortfalls. The White House has indicated that it will use tariff revenue to temporarily sustain this program.
• October 18: Nationwide demonstrations under the “No Kings” banner are planned, with some Republican leaders suggesting that Democrats may face political pressure related to the protests.
• Late October: House leadership continues to engage with the White House on shaping a healthcare framework that President Trump could potentially support. Though a deal still appears to be a long way off, once a key catalyst emerges, negotiations are expected to accelerate quickly. That said, it’s unlikely any major developments will occur this week.
• October 20: Senate staff are projected to miss their first full paycheck.
• October 31: House staff are expected to miss their paychecks. Members of Congress will continue to receive pay throughout the shutdown.
• November 7: Nonexempt federal employees will have worked one month without pay.

Finally, Holland & Knight suggests that clients prepare for regulatory delays, contract payment disruptions, and communication gaps with federal agencies. The firm highlights that the shutdown could create new policy leverage points in negotiations over appropriations, healthcare, defense, and infrastructure.

Brownstein Hyatt Farber Schreck, Client Alert, October 13, 2025

Brownstein reports that the Senate adopted an amendment to the FY2026 National Defense Authorization Act (NDAA) incorporating an updated version of the BIOSECURE Act, advancing bipartisan efforts led by Sens. Bill Hagerty (R-TN) and Gary Peters (D-MI) to restrict federal contracts involving certain biotechnology firms linked to China. The new language removes specific company names and instead relies on the Defense Department’s 1260H List of Chinese military companies to define “biotechnology companies of concern.” It also revises implementation timelines—pushing prohibitions on new contracts to 2028–29 and delaying restrictions on existing contracts until around 2033.

Brownstein notes that ambiguities remain in the updated BIOSECURE Act, particularly around what constitutes the “use” of biotechnology equipment or services under a federal contract—issues likely to be clarified through future regulatory guidance. The firm adds that informal negotiations between the House and Senate are already underway to reconcile their NDAA versions, and while the ongoing government shutdown could delay progress, final passage is still likely given the NDAA’s uninterrupted 64-year history.

BGR Group, The Federal A.I. Landscape Report, October 10, 2025

BGR Group reports that artificial intelligence remains a defining policy priority for both the Trump administration and Congress, with coordinated efforts to cement U.S. leadership in the field. On July 23, 2025, the White House unveiled America’s A.I. Action Plan, a 28-page blueprint built on three pillars—innovation, infrastructure, and international diplomacy—outlining more than 90 federal actions to be implemented within a year. The plan includes proposals to withhold federal funding from states with restrictive A.I. regulations, expand national workforce training, and tighten export controls to prevent advanced chips from reaching adversarial nations.

According to BGR, the administration’s approach marks a shift toward deregulation and innovation, with the Office of Science and Technology Policy (OSTP) and the Office of Management and Budget (OMB) coordinating a whole-of-government strategy across agencies such as the Department of Energy (DOE) and the Department of Health and Human Services (HHS).

On Capitol Hill, BGR shows how A.I. policy spans multiple committees: Commerce panels lead on innovation and consumer protection, Judiciary addresses copyright and deepfakes, Armed Services and Intelligence focus on defense applications, and Science and Homeland Security oversee R&D and standards.

Legislative and Regulatory Developments

Bills and Acts Shaping Advocacy and Practice:

Restoring Court Authority Over Litigation Act of 2025 (H.R. 3213, introduced May 2025) reaffirms that courts, not federal agencies, have primary oversight of attorney conduct. The bill would bar agencies from regulating law-firm litigation activities or creating private rights of action against lawyers, strengthening professional independence, and reducing regulatory uncertainty.

GENIUS Act (S. 1582, enacted July 2025) establishes a national framework for stablecoins, requiring one-to-one reserves in U.S. dollars or other low-risk assets, regular audits, and enhanced transparency. The law reshapes compliance standards across fintech, banking, and securities practice by introducing dual federal–state oversight.

TAKE IT DOWN Act (S. 146, enacted May 2025) mandates that online platforms swiftly remove non-consensual intimate images and AI-generated deepfakes. This legislation expands privacy protections and increases legal exposure for technology companies, signaling a growing intersection between content moderation, civil liability, and digital-rights enforcement.

Executive Actions Shaping Advocacy and Practice:

Executive Order 14215, Ensuring Accountability for All Agencies (February 18, 2025) requires independent agencies to submit significant regulations for White House review through OMB and directs all executive officials to follow presidential or Attorney General legal interpretations. The order consolidates regulatory authority under the executive branch and may reshape administrative-law litigation and interagency autonomy.

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