PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Environmental
- event Date
Tuesday, June 18, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will prepare environmental counsel for the growing number of perfluoroalkyl or polyfluoroalkyl substances (PFAS) related investigative orders by state and federal regulators. The EPA and state-level agencies target these chemicals, citing their pervasive use and potential for dispersing widely.
Ms. Brown's practice is blend of environmental law and commercial litigation, giving her a wide range of experience from representing major petroleum and chemical companies in billion dollar litigations to efficiently resolving matters without the need for litigation. She started her post-graduate career as a biological technician studying salt marshes and invasive plant species in Maine, which fostered her interest in, and enhanced her knowledge of, environmental policy and law.
Dr. Zemba has over three decades of experience nationally as an environmental consulting specialist in the area of health risk assessment. His expertise includes assessing the transport and risks of environmental chemicals. Dr. Zemba holds a B.S. from Carnegie‐Mellon University, and an M.S. and Ph.D. from the Massachusetts Institute of Technology, all in the field of Mechanical Engineering. Dr. Zemba also teaches university‐level courses on air quality management and air pollution control.
Numerous consumer products such as cookware, fast food packaging, textiles, and firefighting foam use PFAS, a broad class of over 4,000 chemicals. Because of their relative persistence in the environment, they have been given the name "forever chemicals" by environmental groups. The U.S. EPA and state-level agencies target these chemicals, citing their pervasive use, potential for dispersing widely, and studies concerning the potential health effects.
While the EPA continues its accelerated rulemaking at the national level, many state programs have moved to promulgate varying standards, leaving a patchwork of federal and local regulations for the industry to navigate. Investigations and legal actions are increasing across the country, and counsel should understand how to prepare for and respond to PFAs investigations.
Listen as our expert panel offers guidance on responding when a governing authority issues an order to investigate potential PFAS contamination. The panel will address the growing scope of government enforcement authority, the implications of receiving an order, sampling issues, validity/reliability of analytical methods, monitoring, the availability of reliable fingerprinting and source tracing techniques, and current trends in the courtroom.
- Federal regulatory efforts and growth
- State regulatory efforts and growth
- Nature of investigative inquiries
- Response to investigation
The panel will review these and other key considerations:
- What is the current status of EPA PFAS rulemaking?
- How are the states regulating PFAS, and how do state regulations compare and/or interact with EPA requirements?
- What are best practices for responding to orders to investigate?
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