John Gardella was interviewed and quoted in a recent Engineering News Record (ENR) article that takes a close look at the implications of the EPA’s likely establishment of drinking water standards and CERCLA designation of certain PFAS. In the article, titled “Utilities Voice PFAS Liability Fear As Chemicals Head To Superfund List“, authors Mary Powers and Debra Rubin detail the implications that these changes would have, including providing expert opinions on the potential remediation costs that will be associated with regulatory changes.

A few quotes from the article are contained below:

“When rules are final in late 2023, all states will also look for evidence of elevated PFAS levels, and identify entities to pay for remediation—whether or not the contamination was intentional, says Gardella. But drinking water and wastewater utilities and municipal solid waste landfills say they want to protect users and taxpayers from cleanup costs and are seeking Congressional exemptions from liability under CERCLA. It is unclear whether lawmakers have the authority to provide these, according to Gardella.”

“Gardella said PFAS chemicals in construction materials could become a landfill contamination risk, particularly those purchased from foreign suppliers. He advises that firms also check past purchase orders to determine products that may have contained PFAS. “It’s time consuming and costly, but it will help companies identify where their liabilities lie,” Gardella said.”

CMBG3 Law is following judicial, legislative, administrative, and scientific developments relating to PFAS. More information about the services we can provide, including risk assessments, to ensure your business is ready for any intersection with these substances can be found on our PFAS Litigation page.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact the Chair of our PFAS – Toxic Torts Team, John Gardella.