Proposed PFAS Superfund Listing May Prompt Early PRP Defense Action

EPA’s move toward designating the two most-studied per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the Superfund law is expected to trigger a host of activities, including prompting potentially responsible parties (PRPs) to begin developing arguments against reopening cleanups ahead of the listing’s finalization. The White House Office of Management & Budget is currently reviewing EPA’s proposal to designate perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA)...