Source: https://www.lexology.com/, August 1, 2024
By: Ahlia Bethea and Elizabeth Knauer, Sive Paget & Riesel PC

2024 has already been a banner year for the regulation of per- and polyfluoroalkyl substances (PFAS) at the federal level; unsurprisingly, these efforts are eliciting legal challenges from regulated entities.

CERCLA

On April 19, 2024, the EPA issued a final rule under Section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The rule, which became effective on July 8, 2024, designates two types of PFAS—perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers—as hazardous substances. According to the final rule, PFOA and PFOS are characterized by their persistence in the environment and tendency to bioaccumulate in living things. Read more.