Per- and polyfluoroalkyl substances (PFAS), often called “forever chemicals,” are rapidly becoming one of the most significant environmental regulatory challenges facing businesses today. Used historically in products ranging from nonstick cookware to fire-fighting foam and industrial coatings, PFAS persist in the environment and have drawn increased scrutiny from regulators at both the federal and state levels.
A Rapidly Evolving Regulatory Landscape
In recent years, regulators have accelerated efforts to address PFAS contamination. The U.S. Environmental Protection Agency (EPA) has designated certain PFAS compounds as hazardous substances under federal law and has introduced stricter drinking water standards. In parallel, many states—including several with historically active environmental programs—have enacted their own regulations governing PFAS in soil, groundwater, consumer products, and waste streams.
For regulated entities, this evolving patchwork creates compliance challenges, particularly where state requirements exceed federal baselines.
Key Risks for Businesses
Companies across a range of industries may be affected, including manufacturing, real estate development, waste management, and logistics. Key areas of potential exposure include:
- Historic Use and Legacy Contamination: Sites with past PFAS use may face investigation and remediation obligations.
- Supply Chain Liability: Businesses may encounter contractual or reputational risks tied to PFAS-containing inputs or products.
- Enforcement and Litigation: Regulatory enforcement actions and private litigation—including class actions—are increasing.
Practical Steps to Mitigate Risk
Organizations should take a proactive approach to PFAS risk management. Practical steps include:
- Conducting Environmental Assessments: Evaluate current and historical operations for PFAS use or exposure pathways.
- Reviewing Contracts and Insurance Coverage: Assess allocation of environmental liabilities and available protections.
- Monitoring Regulatory Developments: Stay informed about both federal and state requirements applicable to operations and products.
- Implementing Compliance Programs: Update internal policies, labeling, and waste management practices as needed.
Looking Ahead
PFAS regulation is expected to continue expanding in scope and complexity. Businesses that act early to understand their risk profiles and implement forward-looking compliance strategies will be better positioned to manage costs and avoid disruption.
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The Journal is a publication for the clients of Drew Eckl & Farnham, LLP. It is written in a general format and is not intended to be legal advice to any specific circumstance. Legal Opinions may vary when based upon subtle factual differences. All rights reserved. Editorial Board: H. Michael Bagley (Editor-in-chief)