Federal PFAS Regulation Around the Corner?

The Senate and House both are considering Per- and polyfluoroalkyl substances (PFAS) regulations this summer. Last month, the Senate began inching closer to consensus on certain regulations. Following two hearings in the Senate Environment and Public Works Committee, the PFAS Release Disclosure Act was considered in committee and filed as an amendment to S. 1790, the National Defense Authorization Act heading to the Senate floor. The Senate PFAS legislation would require reporting of PFAS releases as part of the Toxic
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Reopener Alert: The Erosion of Peace of Mind

While covenants not to sue purport to provide some security to settling parties, in CERCLA actions, reopener provisions, which the EPA includes in most consent decrees, allow for future liability for unforeseen and unknown conditions that arise following completion of the remedial actions. As a result of these reopener provisions, which became required in all but a few limited circumstances after the 1986 CERCLA amendments, parties that settle CERCLA claims live with the risk that new claims could be asserted to address new cleanup demands arising from previously unknown site conditions or new scientific information about the risks
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Senate Follows House’s Lead: Legislation Introduced by the Upper Chamber Aims to Classify PFAS as “Hazardous Substances” Under CERCLA

On March 1, 2019, new legislation was introduced in the U.S. Senate to classify per- and polyfluoroalkyl substances (PFAS) as hazardous substances under Superfund.  A similar bipartisan piece of legislation was introduced in the U.S. House of Representatives in January 2019. PFAS are a class of fluorinated chemicals that are found in consumer products such as non-stick pans, food packaging, and rain gear, as well as commercial products including firefighting foam. The chemicals do not break down once released into
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