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PFAS Litigation

Practices

PFAS Regulation & Litigation

Per- and polyfluoroalkyl substances (PFAS) are chemical compounds recognized for their stability and water-, grease-, and stain-resistant properties. Given their durability, many PFAS compounds are used in a wide range of products and applications, including firefighting foams, carpets and upholstery, textiles, electronics, wire insulation, personal care products (such as cosmetics, shampoos, lotions, toothpastes, dental floss), adhesives and sealants, pharmaceuticals, paints and coatings, pesticides, and herbicides. Among the thousands of PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are two of the more well-known and studied.

Due to their chemical properties, PFAS compounds persist in the environment and have been found in drinking water, groundwater, and soils. Our multidisciplinary PFAS team advises clients on the growing number of federal- and state-level laws and regulations addressing PFAS in site remediation (groundwater, soil, sediment, air), chemical manufacturing and use, and products, including reporting obligations and bans on intentionally added PFAS.

We also have extensive experience defending mass and toxic tort actions, including successfully defending clients who are alleged to have discharged PFAS with resulting impacts to drinking water systems and other environmental media. Our regulatory lawyers collaborate with our litigators to ensure that compliance and litigation defense strategies are fully aligned. This integrated approach – combining deep regulatory knowledge with trial-tested litigation experience – allows us to provide comprehensive, coordinated counsel that protects our clients’ interests on all fronts.

PFAS Regulatory Compliance

Our team advises on:

  • Hazardous substance designations. We counsel clients on the significant implications of EPA’s designation of PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, commonly known as Superfund), including potential liability for investigation and cleanup costs, reporting obligations, and strategies for managing legacy contamination. We monitor and advise on proposed designations of additional PFAS compounds at the federal and state levels, helping clients assess their potential exposure and develop response plans well in advance of final rulemaking.
  • Drinking water standards. We help clients navigate EPA’s enforceable Maximum Contaminant Levels (MCLs) for PFAS in drinking water – set at 4 parts per trillion for PFOA and PFOS – as well as the patchwork of state drinking water standards that are often more stringent than federal requirements. We advise clients on compliance strategies, treatment technologies, and liability management.
  • Remediation and cleanup standards. We guide clients through the complex and varying PFAS remediation standards across jurisdictions. From EPA’s screening levels to state-specific cleanup standards, which can differ dramatically from state to state, our team helps clients develop cost-effective remediation strategies, negotiate with regulators, and allocate cleanup costs among responsible parties under Superfund, RCRA, and various state mandatory and voluntary cleanup programs.
  • Product reporting and bans. A growing number of states have enacted laws requiring reporting and/or labeling of PFAS in products, or banning intentionally added PFAS in certain product categories such as food packaging, cookware, textiles, and cosmetics. We help manufacturers, retailers, and brand owners understand their obligations under state laws and develop comprehensive compliance programs to track, report, and reformulate products as required. We also advise on compliance with consumer product labeling and disclosure requirements. Our team prepares client-specific compliance certifications, risk assessments, and internal guidance documents to support regulatory readiness and ongoing monitoring of emerging PFAS legislation and enforcement trends.
  • Discharge permits and effluent limits. We advise industrial clients, wastewater treatment facilities, and municipalities on PFAS discharge permit requirements under the Clean Water Act and state programs, including negotiating PFAS-related permit conditions, developing pretreatment programs, and addressing emerging effluent limitation guidelines for PFAS.
  • TSCA and chemical regulations. We counsel clients on PFAS requirements under the federal Toxic Substances Control Act (TSCA), including EPA’s significant new use rules (SNURs), reporting requirements under TSCA Section 8(a)(7), and import restrictions. We also advise on state chemical regulations addressing PFAS, such as California’s Safer Consumer Products program and Proposition 65, and state-level restrictions on PFAS manufacturing and use. We have successfully defended Prop 65 PFAS notices of violation, resulting in full retraction of plaintiff’s NOV.
  • Air emissions. We monitor and advise on emerging federal and state regulations addressing PFAS air emissions, including EPA’s proposed rules and state initiatives to limit PFAS releases to the air from manufacturing and destruction facilities and vapor intrusion of certain volatile PFAS compounds.
  • Biosolids and land application. We counsel a wide range of clients on the evolving regulatory framework for PFAS found in biosolids, including state bans on land application, and the risks associated with historical biosolid applications at agricultural and other types of properties during due diligence for real estate and corporate transactions and in site investigations and remediation.
  • Regulatory monitoring and strategic planning. Our team continuously monitors legislative and regulatory developments at the federal, state, and local levels to provide proactive alerts and strategic advice so clients can anticipate new requirements, participate in rulemakings, and position themselves ahead of compliance deadlines.

PFAS Litigation

Our experience includes:

  • Defending against claims alleging impacts to drinking water supplies, diminished property values due to stigma or the presence of PFAS in wells, soil, or groundwater, and seeking medical monitoring.
  • Defending against claims for alleged personal injury of individuals exposed to PFAS.
  • Representing companies in consumer class actions involving alleged deceptive marketing, false advertising, breach of warranty, and “greenwashing” claims related to products marketed as environmentally safe or PFAS-free.