Eric Gotting Quoted in Bloomberg Law PFAS Article

Keller and Heckman Partner Eric Gotting was quoted in the Bloomberg Law article, “Industry Eyeing EPA’s Hustle to Control ‘Forever Chemicals.’” The article discusses how industry attorneys are bracing for a wave of potential corporate liability and litigation as the Biden administration works to fulfill a campaign promise to control per- and polyfluoroalkyl substances, or PFAS. 

The Environmental Protection Agency (EPA) announced this month that it’s working on three water-related PFAS regulations. These include setting drinking water limits for two types of PFAS – PFOS and PFOA – requiring drinking water utilities to monitor for certain PFAS and requesting information regarding effluent discharges from facilities making or using PFAS, including the identities and volumes of PFAS, how they’ve been used, PFAS byproducts, and the number of exposed workers. 

Also, according to attorneys counseling chemical manufacturers, EPA is likely to list some PFAS as hazardous waste in the future, triggering cleanups and financial obligations for companies nationwide.

More regulation “increases potential enforcement liability for manufacturers across the country making PFAS and using them,” Eric said. “It may also give fodder to the plaintiff’s bar to cite to those regulations in tort suits.” 

To read the full article, please click here (subscription required).