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ARTICLE · 26 APRIL 2024

EPA Designates PFAS As Hazardous Substances Under Superfund Law

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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He explained that anyone outside of the EPA is not bound to the agency's judgment regarding who to sue for PFAS contamination involving these newly designated chemicals.

United StatesEnvironment
Jeffrey Porter
Jeffrey Porter
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Environmental Law Chair Jeff Porter spoke to the National Law Journal about how the EPA recently designated two per-and polyfluoroalkyl substances (PFAS) as hazardous substances under the federal Superfund law. He explained that anyone outside of the EPA is not bound to the agency's judgment regarding who to sue for PFAS contamination involving these newly designated chemicals.

Jeff said, "(The) EPA issued similar guidance in the early days of Superfund, indicating that it would not pursue certain entities, but that didn't mean that they didn't get pursued. The bottom line is if you're in one of those categories that (the) EPA says they are not going to pursue, you shouldn't be breathing a sigh of relief."

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