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

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

Conducted on Wednesday, April 8, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will prepare environmental counsel for the impending wave of perfluoroalkyl or polyfluoroalkyl substances (PFAS) related investigative orders by state and federal regulators. The EPA and state-level agencies are targeting these chemicals citing their pervasive use and their potential for dispersing widely.


Numerous consumer products such as carpets, fast food packaging, textiles, and firefighting foam use this broad class of over 4,000 chemicals. Because of their relative persistence in the environment, they have been given the names “forever chemicals” by environmental groups. As a result, U.S. EPA and state-level agencies' work through regulatory processes for PFAS demonstrate a commitment to additional, future regulation of PFAS under CERCLA, the Clean Water Act, the Safe Drinking Water Act, and the Toxic Substances Control Act and various state statutes programs.

The California State Water Resources Control Board (SWRCB) has sent hundreds of investigative orders to various entities regarding PFAS chemicals in soil and groundwater and is likely to send many more in the near future. Investigations are underway across the country, in regions ranging from New England, through the South, the Midwest, and even Alaska.

When a company receives an order, it must respond quickly. In New Jersey, the New Jersey Department of Environmental Protection issued directives to certain chemical companies giving them just 21 days to provide detailed information on their historic use, manufacture, and discharge of PFAS and PFAS replacement chemicals. In California, SWRCB issues orders to targeted source facilities. These orders will require businesses to respond to a questionnaire regarding the historical use of PFAS-containing products within 30 days and to submit work plans for conducting testing within 60 days. After the work plans are accepted, businesses will have 90 days to submit the results of testing.

Listen as our panel of experienced attorneys offers guidance on how to respond when a governing authority issues an order to investigate potential PFAS contamination. The panel will address sampling issues, monitoring, obtaining insurance coverage, and the implications of receiving an order.



  1. Federal regulatory efforts and growth
  2. State regulatory efforts and growth
  3. Nature of investigative inquiries
  4. Response to investigation


The panel will review these and other essential matters for targeted businesses:

  • What is the scope of governmental interest in PFAS issues?
  • What current actions are governments taking, and what is on the horizon?
  • What are response strategies and requirements to investigative notices and orders?


Brown, Lindsay
Lindsay A. Brown

Special Counsel
Duane Morris

Ms. Brown's practice is blend of environmental law and commercial litigation, giving her a wide range of experience...  |  Read More

Cohen, Albert
Albert M. Cohen

Loeb & Loeb

Mr. Cohen's practice includes complex environmental cases and transactions involving soil and groundwater...  |  Read More

Zemba, Stephen
Stephen (Steve) 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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