Taylor Research Group (TRG) recently attended the Environmental Law Institute’s (ELI) monthly PFAS webinar briefing, and we are eager to share our key takeaways from a very timely and informative panel session. The Environmental Protection Agency (EPA) will designate Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA hazardous substances any day now, so the panelists focused on the policy implications of this forthcoming designation. The theme that resonated most for TRG is that industrial firms (and their in-house or outside legal counsel) should prepare now to limit their potential liability costs.
PFAS: As Litigation Expands, So Does Our Research
The list of toxic contaminants that spawn costly environmental litigation and propel our research projects expands constantly. One of the latest additions is the family of PFAS (per- or polyfluoroalkyl substances), which currently appear on track to have the same staying power in the world of toxic tort litigation as many of the other chemicals whose production and use we routinely document. Last year, Taylor Research Group highlighted our focus on two PFAS, perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA), which were ingredients in firefighting foam. Since that time, this family of so-called “forever chemicals” has gained increasing attention.
PFOS and PFOA: Investigating Emerging Contaminants of Concern
Many of the research cases that we work on involve hazardous contaminants in soil or groundwater. Increasingly, that includes research into the usage and disposal of perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). These chemicals are part of a larger group of chemicals called polyfluoroalkyl substances (PFAS), also called perfluorocarbons (PFC).