Join Kelley Drye for a seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances (PFAS).

While the U.S. EPA and various states have taken a number of steps to address PFAS use and contamination, no action will be more transformative than EPA’s forthcoming designation of certain PFAS under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly referred to as CERCLA. Once the substances are designated as a hazardous substance under CERCLA, any entity that has arranged for their disposal, or which owns or operates property affected by them, could become liable for the cost of investigating and/or remediating actual or threatened releases of designated PFAS.

Coupled with EPA’s planned designation of new maximum contaminant levels for certain PFAS compounds under the federal Safe Drinking Water Act, these regulatory changes will open the door to significant new liability exposures at both the federal and state level. Liability for PFAS releases will no longer be a concern for just the handful of companies that manufactured these substances.

This event will be held live in Washington, D.C. on May 7th with an option to attend virtually. For those who choose to attend virtually, programming will begin at 1:00pm ET.

This half-day program will present a series of panels discussing relevant federal and state regulations, and in particular, those developments that are expected to greatly expand the universe of entities that potentially will be responsible for investigating and remediating PFAS contamination. Our panels of experts will discuss ways companies can assess their risk of potential CERCLA liability, options for managing that liability, and measures to help prevent newly incurring liability.

Panel topics include:

• An Overview of PFAS Science

• The Litigation and Regulatory Context for Expanded PFAS Cleanup Liability

• An Overview of CERCLA and EPA’s Actions to Address PFAS Cleanups Under CERCLA and Other Statutes

• PFAS Investigation and Remediation Options

• Due Diligence and Risk Management in Real Estate and Corporate Transactions

If you are interested in registering, please contact erochefort@​kelleydrye.​com.

Kelley Drye is an approved provider of CLE in New York, California and Illinois. Kelley Drye will offer a maximum of 3.5 Professional Practice New York non-transitional credits, 3.5 General California, and 3.5 General Illinois credits. Credit in other jurisdictions is pending upon request and approval from the state CLE Boards. We will apply for requested states but cannot guarantee approval. CLE credit will be available for some afternoon breakout sessions. The programs that are eligible for CLE will be noted on agenda on the day of the program.