The United States Environmental Protection Agency (“EPA”) is progressing with a proposed rule to designate perfluorooctanic acid (“PFOA”) and perfluorooctane sulfonic acid (“PFOS”), two per- and poly-fluoroalkyl substances (“PFAS”), as hazardous substances under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). This move, if finalized, may have vast implications on closed and in-progress Superfund sites, as well as state cleanup projects.
Expert coverage has been monitoring this rule proposition closely – per the report formulated by Fox Rothschild LLP, keeping abreast of such developments is critical for both corporate and legal entities. This proposed rule may impact how cleanups and liability are managed at both the state and federal levels. No sector would be as impacted as the industrial and manufacturing fields, where usage of these chemicals was and remains prevalent.
On the specifics, PFOA and PFOS are types of PFAS, a class of man-made chemicals. PFAS have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s. Common uses include to make products resistance to heat, oil, stains, grease, and water. They are used in a broad range of products from waterproof clothes, to non-stick pans, to firefighting foam. These substances are very persistent in the environment and in the human body – meaning they don’t break down and they can accumulate over time. Hence the need for potential regulation under CERCLA.
The proposed rule will have a far reaching impact on a broad range of stakeholders, not just directly affected corporations or manufacturers but also law firms advising these entities. Legal professionals need to understand the long-term implications of this rule on client responsibilities and liability, particularly related to cleanup and environmental compensation. The issue speaks to the larger need for corporations to practice good environmental stewardship and for legal entities to guide them in these endeavors.
This episode is a further reminder of the increasingly significant overlap of environmental and corporate law. Staying aware of evolving regulations and understanding how they could affect your operations or your clients’ is a conspicuous necessity in today’s legal environment.