PFAS 2024 Update: Regulatory and Scientific Developments, Increasing Litigation, Insurance Issues

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, July 16, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide environmental counsel with an overview of the recent regulatory developments and science related to PFAS and discuss how these changes are impacting the regulated community. The panel will also highlight recent cases and recently adopted regulation that will impact the regulation and liability of these emerging contaminants.
Faculty

Ms. Phillips concentrates her practice in litigation, regulatory, energy and environmental law. Her environmental practice focuses on brownfields redevelopment and remediation, including former military installations, former manufactured gas plants (MGPs) and vapor intrusion sites. Ms. Phillips regularly advises developers, lenders and investors in real estate transactions involving contaminated property, enforcement defense, regulatory compliance, due diligence, and complex project development and permitting matters, including those under NEPA and the NPDES, among others. She regularly advises clients – including municipalities, industry and construction contractors – subject to federal and state environmental regulation, including the TSCA, CWA, RCRA, CERCLA, and CZMA, as well as many state law counterparts. As former assistant general counsel for Suez LNG North America LLC and its wholly owned subsidiary, Distrigas of Massachusetts LLC, Ms. Phillips was involved in all aspects of regulatory compliance for the nation's oldest, continuously operating liquefied natural gas (LNG) import terminal, including safety and security.

Mr. Denton represents an array of clients in environmental and toxic tort litigation, enforcement defense, regulatory compliance solutions and pollution insurance coverage disputes. His representation of industrial, municipal, institutional, educational and individual clients includes judicial and administrative environmental proceedings at the federal, state and local levels. He also represents policyholders involved in environmental coverage claim disputes and litigation with millions of dollars in the balance. In addition, Mr. Denton assists clients with managing environmental risks in commercial transactions, mergers, acquisitions and divestitures, as well as ISO 14000 environmental management systems. He advises on lender liability issues and environmental audits to assess potential facility contamination and regulatory compliance for the acquisition and financing of real estate, as well as waste management and remedial actions, environmental permits enforcement, and defense of citizens’ suits.

Mr. Claffey provides leadership in program management, site investigation and remediation technology, and technical sales, and has over 32 years of environmental consulting industry experience, including research and development of innovative technologies. He is a site investigation and remediation technology subject matter expert (SME) and provides leadership around traditional and emerging contaminants in the environment, including chlorinate volatile organic compounds and per- and polyfluoroalkyl substances (PFAS), respectively, in drinking water, wastewater, groundwater, biosolids and other media. As an SME within Ramboll’s PFAS team, Mr. Claffey focuses on identifying and developing new technologies that effectively destroy emerging contaminants. He also provides leadership in building relationships with academia and other technology developers to make leading edge technologies available to address traditional and emerging contaminant issues. Mr. Claffey's responsibilities include client account development and management, site remediation planning and studies, sales planning, risk management, technology transfer, and program management duties in securing projects, strategizing approaches, and driving sites to cleanup and closure.
Description
PFAS continues to make headlines leading the emerging contaminant discussion as state and federal regulators have begun implementing strict new regulations related to PFAS. The EPA is actively studying these contaminants and proposing and finalizing regulations related to PFAS, including an expansive PFAS reporting rule under the Toxic Substances Control Act that requires manufacturers of PFAS and PFAS-containing products to report information on PFAS dating back to 2011. States have also become actively involved in regulating PFAS, issuing new health advisories, MCLs, and notification and cleanup standards in various environmental media.
These developments arrive with a growing trend in toxic tort litigation involving emerging contaminants. Chemical regulation and toxic tort litigation are challenging accepted notions of risk-based science. Environmental advocates push for ever stricter regulations of emerging contaminants, and plaintiffs have been pursuing extensive toxic tort litigation.
Listen as our authoritative panel of environmental law and technical experts discusses the most recent science behind these emerging contaminants, analyzes the most notable decided--and ongoing--litigation, explains how states and the EPA are regulating these chemicals, and provides practical guidance for practitioners to help advise and limit client exposure across industries.
Outline
- Emerging contaminants overview
- Regulatory updates
- The science
- Sampling and analytical methods
- Sources of contamination, fate, transport, and remediation techniques
- Identifying responsible parties
- Current and future litigation
- Risk transfer, including environmental insurance
- Practical guidance
- Future trends: technical, regulatory, and legal
Benefits
The panel will review these and other essential issues:
- What is the latest science behind these emerging contaminants?
- What should companies and counsel do to ensure compliance with differing state standards?
- What is the status of EPA PFAS regulation?
- What types of legal claims are defendants facing from government and private litigation?
- What steps should environmental counsel and clients take to minimize the litigation and regulatory risk of emerging contaminants?
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