Emerging Contaminants Update: EPA Releases PFAS Action Plan

The PFAS family of chemicals continues to be in the spotlight on what seems like an almost daily basis.  Just earlier today was this article, reporting on at least 55 drinking water systems contaminated with PFAS chemicals from Defense Department use of firefighting foam, a common source of PFAS chemicals.   Here is our report last month on recent regulatory actions at the state level, along with some background on the toxicity and prevalence of PFAS chemicals.

The big news last week was the United States Environmental Protection Agency’s (EPA) release of its PFAS Action Plan, laying out the agency’s short and long-term plans to address PFAS contamination.  Here is the news conference with EPA’s Acting Administrator Wheeler.  The release of this plan is yet another step in the direction towards federal regulation of PFAS chemicals.  While the plan is being heavily criticized by many for not doing enough, federal regulation is still possible in the near term, especially with pressure from both Democrats and Republicans in Congress.  Meanwhile, a regulatory patchwork is rapidly developing on the state level.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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