PFAS in U.S. Property Transactions: PFail to Plan, Plan to Fail

Per- and polyfluoroalkyl substances (PFAS), a category of several thousand human-made chemicals, have been used for decades in consumer and industrial applications. As more is learned about them, including their resistance to degradation and links to human health concerns, lawmakers and regulators across the country are taking action to ban their use and to require responsible parties to clean up properties with contaminated soils and/or groundwater.

This article, published in Natural Resources & Environment and authored by Shipman environmental lawyers Andrew N. Davis and Sarah A. Kettenmann, explores the evolving requirements related to investigation, disclosure, remediation, liability and other legal and regulatory burdens that PFAS contamination can present in industrial/commercial real property transactions and identifies risk management strategies that can be deployed to aid buyers, sellers and lenders/investors to manage potential PFAS-related liabilities. 

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Published in Natural Resources & Environment, Volume 39, Number 1, Summer 2024 © 2024 by the American Bar Association. Reproduced with permission. All rights reserved.