Designation of two PFAS compounds as hazardous substances could complicate real estate transactions

Source: https://www.lexology.com/ May 6, 2024
By: C. Andrew Robinson, Reed Smith LLP

As recently highlighted by Reed Smith’s Environmental Health & Safety team, on April 19, 2024, the Environmental Protection Agency (EPA) announced a final rule adding perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) to the list of hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as the “Superfund” statute. The regulation of PFOA and PFOS is expected to add complications to real estate transactions, including issues such as reporting requirements, the allocation of responsibility for PFAS contamination, and insurance policy exclusions. Read more.

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