Robert P. Frank is a Partner in our
Philadelphia office.
In the final week of March 2019, the New Jersey Department of
Environmental Protection (NJDEP) took two unusually broad actions
regarding contamination caused by poly- and perfluoroalkyl
substances (PFAS).
On March 25, 2019, NJDEP issued a Statewide PFAS
Directive, Information Request and Notice to Insurers
(Directive) to eight chemical companies (the Respondents). NJDEP
says that PFAS compounds are "ubiquitous in New
Jersey" and calls them "a statewide public nuisance"
because they resist degradation and bioaccumulate.
The Directive demands that the Respondents:
- provide NJDEP, within 21 days of receiving the Directive,
information on: (A) each Respondent's manufacture, supply,
transportation, storage, use, treatment, disposal and discharge of
three specific PFAS compounds: perfluorononanoic acid (PFNA);
perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS)
(B) the ability of the
