From Emerging Compounds to Forever Chemicals - Navigating Evolving Regulation of and Responsibility for PFAS in the Environment

July 19, 2024

Read the full article by Amy P. Wang (The National Law Review)

"For businesses, navigating the evolving landscape of PFAS regulation is crucial—these substances are widely used in various industrial and consumer applications, from firefighting foams to non-stick cookware. Understanding the legal implications of PFAS regulation, including stringent reporting requirements, potential liability, and compliance strategies, is essential to mitigate risks and ensure sustainable operations. This article summarizes current PFAS regulations, examines the regulations' impact on businesses, and offers practical guidance for legal compliance and proactive risk management.

Understanding PFAS

PFAS encompass thousands of individual compounds, including well-known substances like perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). PFAS are human-made chemicals in use since the 1940s to repel oil and water and resist heat. Such characteristics make them useful in commercial and consumer products such as food packaging, water- and stain-repellent fabrics, breathable clothing, cosmetics, and car wax as well as industrial and manufacturing processes such as metal plating and semiconductor manufacturing. These properties make PFAS exceptionally durable and effective in various applications, but they also contribute to their persistence in the environment, earning them the nickname "forever chemicals."

Despite their utility, PFAS have raised health and environmental concerns. Due to their widespread use and persistence, PFAS accumulate in the environment and in human and animal tissues. Certain PFAS exposure over a prolonged period has been linked to cancer and other illnesses. The persistence and bioaccumulation potential of PFAS caught the attention of the United States Environmental Protection Agency (EPA) in the mid-2000s. The EPA then launched into developing comprehensive regulatory measures to control the use of PFAS and mitigate their impact."