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PFAS Playbook

EPA Poised to Expand Federal Superfund to Include Key PFAS
EPA Poised to Expand Federal Superfund to Include Key PFAS

On April 12, 2024, two days after EPA issued a final rule setting standards for certain per- and polyfluoroalkyl substances (PFAS) in public drinking water, the White House Office of Management and Budget (OMB) concluded its review of EPA’s final rule designating certain PFAS, or so-called “forever chemicals,” as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The final rule is expected to list the two most studied types of PFAS – perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) – as hazardous substances.

OMB reviews final rules before they are made public. The completion of OMB’s review indicates that EPA’s issuance of the final rule to the public may be imminent.

The designation of PFOA and PFOS as hazardous substances will have far-reaching impacts. These impacts include investigations and enforcement by regulators at existing and new Superfund sites, requirements for remediation at ongoing cleanups, liability and litigation for CERCLA response costs and alleged exposure, including potential contribution claims, additional reporting requirements, and consideration of these substances in environmental due diligence.

Additional information regarding the anticipated rule can be found in two legal alerts published by Lathrop GPM in January 2022 and August 2022. Lathrop GPM will provide additional information regarding the final rule and its effects after it is made public.

For more information, contact Bill Beck, Ally Cunningham, Rick Kubler, Cynthia Teel, Jessica Rosell, Matt Walker, Blaine Bengtson or your regular Lathrop GPM attorney.

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The information contained in this post is provided to alert you to legal developments and should not be considered legal advice. It is not intended to and does not create an attorney-client relationship. Specific questions about how this information affects your particular situation should be addressed to one of the individuals listed. No representations or warranties are made with respect to this information, including, without limitation, as to its completeness, timeliness, or accuracy, and Lathrop GPM shall not be liable for any decision made in connection with the information. The choice of a lawyer is an important decision and should not be based solely on advertisements.

About this Blog

Lathrop GPM has deep experience developing regulatory strategy and defending litigation in the area of per- and polyfluoroalkyl substances (PFAS), and we have been involved in some of the nation’s most-publicized cases. The PFAS Playbook blog is dedicated to helping readers stay up to date and understand the latest regulatory updates on PFAS. 



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