PFAS: Responding to Orders to Investigate and Increasing State and Federal Scrutiny

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.