Attorneys Warn CERCLA PFAS Ruling Likely to Drive Increasing Claims, Inside EPA

Partner Stephanie Feingold spoke with Inside EPA about the expected impact of a DC Circuit decision upholding the US Environmental Protection Agency’s (EPA’s) designation of two per- and polyfluoroalkyl substances (PFOS and PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Stephanie noted that PFAS issues are already arising in five-year reviews and at sites approaching remediation. While she “would not expect every ongoing environmental investigation to pause and conduct a PFAS investigation,” Stephanie said she expects “testing for PFOA and PFOS to appear more regularly in the course of cleanups, and the litigation involving PFOA and PFOS cleanup costs will continue to increase.”

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