There are thousands of per- and polyfluoroalkyl (PFAS) chemicals, and they are found in a variety of consumer, commercial, and industrial products and applications. The sheer volume of PFAS substances and applications only makes it harder to assess the potential environmental and human health risks posed by PFAS chemicals—not to mention ensuring compliance with reporting obligations and other complex requirements that flow from the ever-increasing federal and state laws and regulations aimed at PFAS.
PFAS contamination is also being discovered in soil and groundwater at a wide range of privately and publicly owned properties, including sites with no other known contamination, as well as in many sources of drinking water. This is leading to significant cleanup and litigation risks for a wide range of past and current owners and operators of properties and facilities where PFAS has been used, as well as for parties considering acquisition of properties or businesses.
Farella’s environmental lawyers have substantial experience advising and representing clients in these areas. We handle regulatory compliance counseling and enforcement defense, contaminated site investigation and remediation, cost recovery and other litigation, transactional due diligence, as well as product liability litigation defense and product stewardship counseling.
The evolving nature of PFAS laws and regulations requires adept, flexible counsel. Our multidisciplinary team of lawyers can effectively address all facets of the constantly evolving PFAS landscape. By coordinating with Farella’s insurance recovery, land use, real estate, and corporate practices, we provide strategic counseling to identify and address the full range of potential PFAS risks and liabilities.
In addition to our expertise, we collaborate with a wide range of technical experts on PFAS issues, including regulatory and reporting compliance, data reliability, evaluation of impacts on human health and the environment, development of cost-effective investigative and remedial actions, and preparation of expert opinion testimony.
Our recent PFAS-related work includes:
- Responding to California State Water Resources Control Board (SWRCB) investigative orders and seeking “no further action” determinations at industrial sites with potential or actual releases/contamination.
- Assessing and mitigating risks associated with property transactions, including via conducting Phase I and Phase II environmental site assessments, negotiating indemnities, and obtaining insurance coverage.
- Advising clients on brownfields redevelopment.
- Counseling clients regarding compliance with reporting requirements under the Toxic Substances Control Act (TSCA) and emerging requirements under the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund), and various state environmental laws.
- Defending against failure-to-warn product liability claims under California’s Proposition 65.
- Counseling clients regarding compliance with the federal and state laws and regulations restricting and otherwise governing the use of PFAS in consumer products.
- Evaluating options for disposal of PFAS-containing waste materials.
The legal requirements related to PFAS are quickly changing at both the state and federal levels. Visit our Regulatory and Litigation Developments page for key regulatory and litigation developments.
