This is Part I of the three part series.  Stay tuned for Part II, where our attorneys delve further into the federal regulations on PFAS.

Per- and polyfluoroalkyl substances (“PFAS”) are everywhere in our environment, including in our water, air, food, and soil.  PFAS are human-made chemicals that have been used in industry and consumer products for decades.  You can find PFAS in everyday products like non-stick cookware, cosmetics, and water-repellent clothing, and in other industrial products like firefighting foam.

Because PFAS do not break down in the environment (some forms can take over 1,000 years to degrade), their prevalence in the environment is significant.  As a result, nearly every person in the United States has measurable amounts of PFAS in their blood.  There is increasing scientific evidence that exposure to certain levels of PFAS may be harmful to humans and other living things, and could lead to adverse reproductive effects, increased risks of cancer, and a weakened immune system.

The prevalence and potentially harmful effects of PFAS have left federal and state agencies racing to catch up on regulating PFAS.  Already, the United States Environmental Protection Agency (“EPA”) has mandated that manufacturers of PFAS-containing products must report information on PFAS uses, production volumes, disposal, exposures, and hazards dating back to 2011.  On the state level, dozens of state Attorneys General are pursuing litigation against PFAS manufacturers for allegedly contaminating water supplies and other natural resources.

PFAS regulation is only just getting started.  EPA has proposed several new rules directed at PFAS, including designating PFAS as hazardous under various federal environmental statutes.  If implemented, these regulations would authorize federal and state governments to require responsible parties to conduct cleanup of a site contaminated with PFAS.  EPA has also proposed to set legal limits for six PFAS in drinking water.  This is the first time in 26 years that EPA has set legal limits for a contaminant in drinking water.

With environmental regulators becoming more engaged in PFAS regulation and trying to figure out how to address PFAS to prevent or minimize human exposure, now is the time for companies to consider the legal implications of any past or present PFAS use in products and/or any potential PFAS contamination on their property. These regulations could impact all property owners. Contact your legal advisor to stay updated and review the history of uses at your property.

Hinckley Allen’s environmental attorneys have extensive experience advising clients on a broad range of PFAS issues, including on the current and proposed PFAS regulations and PFAS litigation.