Per- and polyfluoroalkyl substances (PFAS), known for their grease-resistant, water-repellent and insulating properties, include a large category of chemicals used for decades in consumer, commercial and industrial applications. Over the past decade, PFAS have become a major regulatory and litigation target for state and federal agencies and plaintiffs’ firms. The trend does not appear to be changing. Product manufacturers, importers, distributors and retailers across numerous industries face increasing risks based on their current and former manufacture, import, sale, use and disposal of products containing PFAS.
In October 2021, the Biden administration announced new plans for regulation of PFAS in a cross-agency plan. The U.S. Environmental Protection Agency has been at the forefront of regulation or proposed regulation of PFAS under nearly every major federal environmental law including the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation & Recovery Act, Clean Water Act, Safe Drinking Water Act, and Toxic Substances Control Act (TSCA). Additionally, states such as Maine, California, Colorado, New York, Minnesota, New Jersey, New Hampshire, Vermont and Washington have taken the lead on increasing environmental and consumer product regulation of PFAS – and litigation has followed closely behind many of these significant regulatory developments.
