It's finally happened. The US Environmental Protection Agency has designated two widely used PFAS compounds, PFOA and PFOS, as "hazardous substances" under CERCLA. PFAS are man-made chemicals used for decades and found in many different commercial, industry, and consumer products. EPA's designation will have far-reaching liability implications.

In a separately issued PFAS enforcement policy, EPA has stated that it will focus enforcement on parties who significantly contributed to the release of PFAS chemicals into the environment, including parties that have manufactured PFAS or used PFAS in the manufacturing process, federal facilities, and other industrial parties. If you're not already considering PFAS in your environmental due diligence, now is the time.

We will be providing more analysis on this important issue.  Stay tuned…