The World Turned Upside Down? Whether the Designation of Two PFAS as Hazardous Substances Changes the World of CERCLA Liability and Due Diligence

by Lauren D. Brooks and Nicholas Albergo

The U.S. Environmental Protection Agency (EPA) has been laser-focused in 2024 regulating per- and polyfluoroalkyl substances (referred to generally as PFAS). Since the beginning of the year, the agency has promulgated rules updating the Toxic Release Inventory to include seven more PFAS subject to reporting; added those seven PFAS to the list of Lower Thresholds for Chemicals of Special Concern; subjected 329 PFAS to reporting requirements for significant new uses; established a National Primary Drinking Water Standard for PFAS and certain mixtures; and updated reporting requirements for consumer confidence reports, among numerous other rules, proposed rules, and guidance.

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