Preparing for PFAS Liability

Litigants and regulators across the country are increasingly turning their attention to perfluoroalkyl and polyfluoroalkyl substances (PFAS). These ubiquitous chemicals come from a wide variety of sources and have been used in myriad ways in the U.S. and globally for decades. Thus far, litigation and regulation have tended to focus on certain common PFAS compounds—such as perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and perfluorononanoic acid (PFNA)—but that focus is expanding.

How are PFAS different from other emerging contaminants?

PFAS have unique features and properties that have generated more attention than other contaminants, including:

  • Many thousands of different compounds
  • Historically released in large quantities
  • Very mobile through the vadose zone and water pathways
  • Highly persistent in the environment
  • Alleged to bioaccumulate in plants and animals
  • Regulators setting very low levels, in the parts per trillion range

Where do PFAS exist?

PFAS have excellent surfactant capabilities and repel both water and oil. This trait is why they are found in high-production volumes for a variety of industrial and consumer applications, including:

  • Firefighting foam in fire suppression systems for flammable liquids and fuels
  • Paper coatings, particularly for food packaging
  • Surface treatments of clothing, carpets, and nonstick cookware
  • Various miscellaneous uses such as photography equipment, electrical components and semiconductors, aviation hydraulic fluids, and paints

How might PFAS enter the environment?

Given the broad use, manufacture, and disposal of PFAS and PFAS-containing products, there are numerous ways that PFAS may enter the environment, including:

  • Industrial wastewater discharge
  • Air emissions
  • Consumer product disposal
  • Land application of biosolids

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Contributors

Greg Berlin

Greg Berlin
Partner

Meaghan Boyd

Meaghan Boyd
Partner

Jeffrey Dintzer

Jeffrey Dintzer
Partner

Jay Repko

Jay Repko
Partner

Matt Wickersham

Matt Wickersham
Partner

Andrew Roberts

Andrew Roberts
Senior Associate

Andrew Boyer

Andrew Boyer
Associate

Madeline Daniel

Madeline Daniel
Associate

Andrea Galvez

Andrea Galvez
Associate

Ytran Hoang

Ytran Hoang
Associate

Jane Kaufman

Jane Kaufman
Associate

Clayton Kinsey

Clayton Kinsey
Associate

Briana Matusovsky
Associate

Samantha Van Winter

Samantha Van Winter
Associate

Henry Woods

Henry Woods
Associate