Partners Miles Scully, Brian Ledger, and Senior Counsel Christopher Johnson authored an article entitled "EPA and Developing PFAS science: Impacts on Litigation," published by Reuters Legal and Westlaw Today.
The article examines the Environmental Protection Agency's ("EPA") efforts to regulate per- and polyfluoroalkyl substances ("PFAS"), synthetic chemicals present in consumer goods. It highlights proposed rules, including designating perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid ("PFOS") as hazardous substances, establishing a national drinking water standard, and enforcing regulations on manufacturers and users. The potential litigation consequences, especially under the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), are explored, emphasizing the EPA's authority to pursue remediation costs.
The piece also addresses the rise in PFAS-related lawsuits, scientific developments influencing litigation, and provides tips for companies to minimize PFAS liability by assessing product and supply chain involvement, reviewing contracts, considering alternatives, and strategizing for defense.
To read the full article, please click here.