Following EPAs designation of two PFAS or so-called, "forever chemicals" as "hazardous substances" under CERCLA, Lathrop GPM Partner Rick Kubler spoke with Law360 about the immediate effects of the ruling and other important takeaways to be considered. Rick commented on EPA's enforcement discretion policy and how there is "no guarantee anyone will be immune from liability since CERCLA allows parties to sue each other for costs." He also talked about reopener provisions coming into play for parties who have already entered into consent agreements with EPA. In the article, Rick was quoted saying: "Regulators leave in some sort of a reopener in the event that there are emerging compounds or drastically changed conditions, because otherwise it would just be tax dollars available to address it. So that's very common"
Stay tuned for more updates on PFAS developments and read the full article here (subscription required): https://bit.ly/3Uv4uRS
PartnerRick Kubler practices in the areas of environmental and land use law, insurance and risk management and real estate litigation. His areas of focus include Brownfield redevelopment and identifying and evaluating potential ...
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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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