Dylan Eberle, PhD, CPG, (Massachusetts) and Wayne Amber, Ph.D., (Michigan) were lead authors of “The Legal Consequences Of High PFAS Background Levels,” published in the April 2023 edition of Law360. Geosyntec’s Mary Ensch, Ph.D., (Michigan) Caitlin Johnson, Ph.D., (Massachusetts) Thomas Wanzek, Ph.D., (Oregon) and Kaylin McDermett, Ph.D., (Pennsylvania) also contributed to the article.

In addition, Grant P. Gilezan and Paul T. Stewart of the law firm Dykema, were also lead authors.

Law360 is an online publication with daily newsletters that covers breaking news, offers in-depth features, and provides expert analysis for the legal profession. With more than 1.5 million daily newsletter recipients, it is a trusted news source for legal professionals, business leaders, and government officials.

Dykema is a wide-ranging law firm with offices across the United States. For 85 years, their people have offered result-oriented counsel to clients in many industries and markets, nationwide.

About the White Paper

The legal landscape for per- and polyfluoroalkyl substances is changing rapidly. Last year, the U.S. Environmental Protection Agency issued nonbinding lifetime health advisories for four types of PFAS. Most recently, on March 14, 2023, the EPA proposed maximum contaminant levels, or MCLs, for PFAS in public drinking-water systems.

And later this year, the agency is expected to finalize its designation of two PFAS, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund law.

Concurrently, a flurry of state-level PFAS regulations are now in effect, or in the process of being promulgated. And all these new federal and state regulations will only accelerate tort claims related to PFAS contamination and exposures.

The sheer number of new PFAS regulations is striking by itself, but the remarkably low regulatory limits are just as salient. For example, the recently proposed MCLs for PFOA and PFOS are 4 parts per trillion each, with one part per trillion often equated to a single drop in 20 Olympic-sized swimming pools.

But what if PFAS exist in a locality or region due to nonspecific, unidentifiable sources, “PFAS background,” at levels that exceed these low regulatory limits? As explained in the article, the emerging scientific literature is showing that this is not an uncommon scenario, and the potential legal implications are significant.

More Information

Learn more about the article and Geosyntec’s authors: The Legal Consequences of High PFAS Background Levels
Read the full article: https://www.law360.com/articles/1595992/the-legal-consequences-of-high-pfas-background-levels
Learn more about Law360: https://www.law360.com/
For consultation regarding PFAS background, regulatory limits, and the changing science of PFAS, contact Dylan at deberle@geosyntec.com or Wayne at wamber@geosyntec.com.
Learn more about Dylan: Dylan Eberle | Geosyntec
Learn more about Wayne: Wayne Amber | Geosyntec
Learn more about Mary: Mary Kensch | LinkedIn
Learn more about Caitlin: Caitlin Johnson | LinkedIn
Learn more about Thomas: Tom Wanzek | LinkedIn
Learn more about Kaylin: Kaylin McDermett | LinkedIn