Source: https://www.jdsupra.com, July 20, 2022

In recent years, there has been no shortage of articles and conferences on the coming wave of PFAS litigation, and with good reason. Heightened scrutiny and tightening regulation by USEPA, the ever-growing AFFF MDL, and the likely listing of PFOA and PFOS as “hazardous substances” make the discussion warranted. Amidst all the explanations of what PFAS are and the litigation risks, one issue that certainly needs to be considered is the consequences of new CERCLA liabilities and “reopener” liabilities once PFOA and PFOS are designated hazardous substances. Read more.