InsideEPA quoted partner Stephanie Feingold in an article discussing the complications that lawmakers could face in deciding what types of parties should be considered “passive receivers” of per- and polyfluoroalkyl substances (PFAS) contamination and therefore should be exempt from Superfund liability.
Stephanie told the publication that such a party could be an owner or operator at a site where certain PFAS such as perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are detected “but have no connection to site operations or releases. Similarly, under [the Comprehensive Environmental Response, Compensation, and Liability Act’s] strict liability scheme, a site owner or operator could be held responsible for remediating what may effectively be background or regional PFOA or PFOS contamination.”