THE COST OF CLEANUP: PREPARING FOR PFAS REMEDIATION BATTLES
In April 2024, the US Environmental Protection Agency (EPA) opened an enormous can of worms for entities even remotely associated with the generation, transport, use or disposal of two legacy per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).
In designating these PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA greenlit the initiation of government-ordered cleanups of PFOA and PFOS-contaminated sites and effectively fingered thousands of “potentially responsible parties (PRP)” for CERCLA cost reimbursement and private cost recovery actions.
The final rule has enormous legal and staggering financial implications for private entities in a diverse range of industries. This article explores these implications and how to prepare for them.
Background
Businesspeople are likely generally aware of the growing PFAS liability crisis, but perhaps not as much as they should be. The PFAS issue is a hot button one in the US and elsewhere. The European Chemicals Agency has proposed aggressive restrictions on PFAS manufacture and use in the European Union (EU).
Jan-Mar 2025 issue
Bergeson & Campbell, P.C.