PFAS

Per- and polyfluoroalkyl substances (PFAS) are a class of thousands of “emerging contaminants” used in various manufacturing operations, firefighting foam, food packaging, textiles, cosmetics and many other products. Often referred to as “emerging contaminants” – given recent developments (including the proliferation of articles in the popular press reporting on PFAS found in food packaging and bottled water), it would be unwise to assume they are anything but “emerged” contaminants.

PFAS are ubiquitous in the environment, are mobile, bioaccumulate and do not easily break down in the environment or human body - all of this has earned them the designation of “forever chemicals”. These human-made chemicals encompass ~4,000 different compounds, many around since the 1940s. PFAS are found in commonly encountered products, including non-stick coatings, waterproof fabrics, firefighting foams, car wash soaps/waxes, floor waxes, architectural resins, cosmetics and other consumer products. PFAS have earned the nickname “forever chemicals” because they are ubiquitous in the environment, are mobile, bioaccumulate and do not easily break down in the environment or human body.

The rapidly evolving federal and state PFAS regulatory landscape creates uncertainty for businesses across the country, particularly for those with operations in multiple jurisdictions with different regulatory overlays. As noted in our PFAS client alert, “PFAS: What’s All the PFUSS?”, all industries would benefit from proactive coordination with experienced legal and technical advisors to help prepare and manage PFAS risks associated with past, present and future operations.

If you have questions about how PFAS may affect you or your business, you may email our environmental lawyers at PFAS@goodwin.com.

Experience

General

Advising Regional Airport Operator Regarding Potential Historical PFAS Contamination

As part of its obligations under a long-term lease and management agreement, we are advising an airport operator in connection with potential historical PFAS contamination from on-site firefighting training. Our advice includes evaluating current and future federal and state PFAS requirements, developing a strategic investigation/due diligence approach, evaluating potential remediation and mitigation/risk management options (including environmental insurance) and negotiating the allocation of responsibilities and liabilities among various parties.

Assisting a Multinational Specialty Chemicals Manufacturer Evaluate and Manage PFAS Risks Associated with Site Remediation and Wastewater Management

We are assisting a multinational specialty chemicals manufacturer assess and manage various PFAS risks, including on- and off-site soil and groundwater remediation, wastewater discharges/permitting, hazardous waste generation and transitioning the facility’s stationary and mobile fire suppression systems away from PFAS-containing aqueous film forming foam (AFFF).