The litigation landscape around PFAS is heating up

October 10, 2022

Read the full article by Bethan Moorcraft (Insurance Business America)

"The regulatory environment around PFAS “forever chemicals” is constantly changing. In August, the US Environmental Protection Agency (EPA) proposed to designate two of the most widely used per- and polyfluoroalkyl substances (PFAS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as “Superfund”.

Following the Biden-Harris Administration’s commitment to tackle environmental injustice and improve public health, the proposal applies to perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, and is based on significant evidence that PFOA and PFOS may present a substantial danger to human health or welfare or the environment.

With or without federal PFAS regulation, the litigation landscape around PFAS is heating up, according to Alex Roje, partner in Lathrop GPM’s Insurance Recovery practice, with plaintiffs alleging all kinds of bodily injury and property damage from exposure to the “forever chemicals”."