Lynn L. Bergeson, “The Cost of Cleanup: Preparing for PFAS remediation battles,” Corporate Disputes, January – March 2025.

In April 2024, the US Environmental Protection Agency (EPA) opened an enormous can of worms for entities even remotely association with the generation, transport, use or disposal of two legacy per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).

In designating the PFAS as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA greenlit the initiation of government-ordered cleanups of PFOA and PFOS-contaminated sites and effectively fingered thousands of “potentially responsible parties (PRP)” for CERLCA cost reimbursement and private cost recovery actions.

The final rule has enormous legal and staggering financial implications for private entities in a diverse range of industries. This article explores these implications and how to prepare for them.