PFAS and Beyond: Emerging Contaminants Regulation, Litigation, Recent Science, Risks, and Liabilities

Recording of a 90-minute CLE video webinar with Q&A

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Conducted on Tuesday, December 13, 2022

Recorded event now available

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Course Materials

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 enacted legislation that will impact the regulation and liability of these emerging contaminants.

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. In the summer of 2022, the EPA released updated or new drinking water Health Advisories for four PFAS and then announced its proposal to designate two of the most widely known per- and polyfluoroalkyl substances (PFAS)-PFOA and PFOS-as hazardous substances under CERCLA.

The EPA is actively studying these contaminants, including new data collection requirements and proposals, and some states have issued 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.

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Outline

  1. Emerging contaminants overview
  2. Regulatory updates
  3. The science
  4. Sampling and analytical methods
  5. Sources of contamination, fate, transport, and remediation techniques
  6. Identifying responsible parties
  7. Current and future litigation
  8. Risk transfer, including environmental insurance
  9. Practical guidance
  10. 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 are the new federal regulations the EPA is considering?
  • 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?

Faculty

Phillips, Dianne
Dianne R. Phillips

Partner
Holland & Knight

Ms. Phillips concentrates her practice in litigation, regulatory, energy and environmental law. Her environmental...  |  Read More

Denton, Charles
Charles M. Denton

Partner
Barnes & Thornburg

Mr. Denton represents an array of clients in environmental and toxic tort litigation, enforcement defense, regulatory...  |  Read More

Wood, Eric S.
Eric S. Wood, PHg, PG, LSP

Principal
Ramboll Group

Mr. Wood has more than 30 years of experience developing strategic solutions for clients that integrate with their...  |  Read More

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