PFAS Contamination: Evolving State and Federal Regulatory Landscape, Litigation, and Due Diligence in Transactions

A live 90-minute CLE webinar with interactive Q&A


Tuesday, August 7, 2018

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will provide guidance on the evolving federal and state regulatory landscape related to perfluoroalkyl or polyfluoroalkyl substances (PFAS). The panel will examine ongoing litigation and the legal risks facing companies using and discharging PFAS in manufacturing as well as companies distributing or selling products containing PFAS. The panel will also discuss evaluating and addressing PFAS risks in transactions.

Description

U.S. EPA has turned its focus to PFAS, and it appears the agency is committed to additional, future regulation of PFAS under the Safe Drinking Water Act, Toxic Substances Control Act, and CERCLA. This broad class of over 400 chemicals has been widely used in consumer products, including Teflon, Goretex, Scotchgard, carpets, fast food packaging, textiles, and firefighting foam. State regulators are also imposing new drinking water limits, cleanup standards and testing requirements for PFAS. They are not stopping with regulation. State regulators and citizen groups are also suing the primary manufacturers of PFAS and secondary users, seeking damages ranging from cleanup costs to future medical monitoring costs.

As a result of the increased PFAS regulation and litigation, companies and their environmental counsel must carefully conduct due diligence and consider the risks and potential costs of future litigation and remediation arising from the sale, distribution and use, and disposal of PFAS. Counsel should understand what PFAS are, who and what companies are most likely to be brought into PFAS-related litigation, and how best to evaluate and mitigate PFAS risks.

Listen as our authoritative panel examines the evolving federal and state regulatory landscape for PFAS. The panel will discuss current scientific data on PFAS, new regulations and ongoing litigation, and offer insight into the legal risks facing companies using and discharging PFAS in manufacturing, companies distributing or selling products containing PFAS, and companies and municipalities addressing PFAS contamination in groundwater. The panel will also examine the PFAS risks in transactions and what companies and their counsel need to do regarding evaluating and addressing this emerging risk.

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Outline

  1. Regulatory developments
    1. EPA
    2. States
  2. Legal risks of PFAS and litigation
    1. Using and discharging PFAS in manufacturing processes
    2. Distributing or selling products containing PFAS
    3. Using firefighting foam at airports and fire training facilities
    4. Releasing PFAS from wastewater treatment facilities and in landfill leachate
  3. PFAs risks in transactions
    1. Regulatory
    2. Litigation

Benefits

The panel will review these and other essential issues:

  • What should companies and counsel do to ensure compliance with differing state standards for PFAS?
  • What new federal regulation of PFAS is EPA considering?
  • What types of legal claims are PFAS defendants facing from government and private litigation?
  • What steps should environmental counsel take to minimize the litigation and regulatory risk of PFAS in transactions?

Faculty

Abell, Russell
Russell Abell, P.G., LSP

Vice President
Sanborn Head & Associates

Mr. Abell has over 20 years of experience nationally focusing on hydrogeology and fate and transport analysis. His...  |  Read More

Kray, Jeff
Jeff B. Kray

Partner
Marten Law

Mr. Kray’s practice focuses on water quality, water resources, and complex environmental litigation, including...  |  Read More

Thurlow, Matthew
Matthew D. Thurlow

Partner
BakerHostetler

Mr. Thurlow is an environmental litigator with significant experience in environmental matters brought under the Clean...  |  Read More

Zemba, Stephen
Stephen Zemba, Ph.D., P.E.

Project Director
Sanborn Head & Associates

Dr. Zemba has over three decades of experience nationally as an environmental consulting specialist in the area of...  |  Read More

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