In recent developments regarding PFAS contamination, the United States Environmental Protection Agency (USEPA) has issued a warning suggesting it may reopen already settled cases. A report from Lowenstein Sandler LLP indicates that these unexpected reopenings could occur at locations previously deemed clear from contamination per final remediation documents such as no-further-action letters, response action outcomes, and others.
Before now, obtaining any of these documents often signaled the end of remediation at a contaminated site. Responsible parties could generally breathe a sigh of relief, having completed the most expensive and time-consuming phase of the process. The focus would then shift to long-term operation and maintenance tasks.
However, the USEPA’s new stance threatens to disrupt this usual progression. It is a move that directly impacts responsible parties, requiring them to potentially revisit cases they thought were closed. While it remains unclear what impact this development might yield, it underscores the sustained scrutiny faced by corporations on environmental regulation compliance.
Coupled with the increasing knowledge about the extensive legacy of PFAS contamination, the USEPA’s latest action underscores the growing regulatory pressures on corporate organizations, particularly those in industries with a historical connection to PFAS usage. As the enforcement scenario continues evolving, it is clear that legal professionals advising these corporations must stay abreast of all the new regulatory amendments and developments.
Given the potential financial and legal implications for involved corporations, more proactive strategies in environmental management may be necessary. Law firms may need to revisit closed cases to ensure all evidence was considered and all remediation was comprehensive. In some cases, corporations may need to undertake additional remediation measures to comply fully with regulatory standards and to avoid reopening of cases.