Identifying PFAS as a CERCLA Hazardous Substance: Are You Ready for This?

In this webinar we were pleased to have a special presentation from Ned Witte, Attorney at Godfrey & Kahn, S.C. Ned’s presentation discussed collateral consequences of identifying PFAS as a CERCLA hazardous substance.

This free webinar will discuss the following collateral consequences of identifying PFAS as a CERCLA hazardous substance:

• U.S.EPA CERCLA administrative order and cost recovery authority
• Private party cost recovery and contribution actions
• Impacts on CERCLA five-year reviews and closed sites
• CERCLA defenses and exemptions, including the innocent landowner defense and bona fide prospective purchaser eligibility
• Interface with state PFAS regulations
• Applicable or Relevant and Appropriate Requirements (ARARs)
• Environmental due diligence and the evolution of the ASTM standard to address PFAS and emerging contaminants
• Impacts on transactions and Brownfields

On July 13, 2021, the United States House of Representatives approved the PFAS Action Act, which currently sits before the United States Senate for further action and possible approval. If enacted, the PFAS Action Act would require the United States Environmental Protection Agency to designate two PFAS, known as PFOA and PFOS, as Comprehensive Environmental Response Compensation and Liability Act “hazardous substances” within one year and to make a similar determination on other PFAS substances within five years. Some observers believe that if Congress doesn’t pass PFAS legislation, U.S.EPA may act on its own. Such a CERCLA hazardous substance identification sounds intuitively appropriate, but what are the practical effects? Join Ned Witte, an experienced PFAS lawyer and lecturer, as he discusses collateral consequences of identifying PFAS as a CERCLA hazardous substance.