BarbriSFCourseDetails

Course Details

This CLE course will provide environmental counsel with an overview of recent regulatory developments and science related to PFAS and discuss how these changes impact the regulated community. Highlighting recent policy shifts and legal cases, the panel covers the anticipated impact of a changing landscape on regulation and liability concerning emerging contaminants.

Faculty

Description

PFAS continues to make headlines leading the emerging contaminant discussion as state and federal regulators adjust approaches to implementing and enforcing Biden-era PFAS regulations. Currently, the EPA plans cutbacks and delays to some PFAS drinking water regulations, enforcements, and reporting. In May, EPA delayed PFAS reporting deadlines under the Toxic Substances Control Act which 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 regulation 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

I. Emerging contaminants overview

II. Regulatory updates

III. The science

IV. Sampling and analytical methods

V. Sources of contamination, transport, and remediation techniques

VI. Identifying responsible parties

VII. Current and future litigation

VIII. Risk transfer, including environmental insurance

IX. Practical guidance

X. 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?