Source: https://www.mondaq.com/, July 24, 2023
By: Arthur Siegal, Taft Stettinius & Hollister

On October 18, 2021, EPA issued its “PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024.” This roadmap sets out EPA’s action plan for minimizing the release of PFAS into the environment. On September 6, 2022, EPA proposed to designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS), two PFAS compounds, as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Recently, EPA announced it was pushing back its target for this hazardous substance designation to February 2024. This designation could result in sellers being strictly liable for costs associated with onsite and offsite contamination from PFAS, regardless of whether the risk of contamination is known at the time of purchase. But doing so could raise major concerns for the real estate market, which, until recently, had turned a blind eye to PFAS related issues.

Before entering a business transaction involving real estate with potential environmental concerns related to PFAS, parties should consider the following to protect their interests. Read more.