California has taken an aggressive approach to regulating per- and polyfluoroalkyl substances (PFAS), the "forever chemicals" that have become the subject of hundreds of lawsuits throughout the nation.
The California State Water Resources Control Board-mandated investigations of PFAS sources continue, with data from the initial round of investigations now available to the public. PFAS data from subsequent rounds of investigations, targeting sectors including wastewater treatment and petroleum, will likely be available in the near future, building the potential for cost recovery and toxic tort litigation. The development of Environmental Screening Levels by the San Francisco Regional Water Quality Control Board brings new guidance, and challenges, for responsible parties remediating PFAS contamination within California.
Further, responsible parties, property owners, and developers in California and beyond must also grapple with uncertainty surrounding legislation to designate PFAS as hazardous substances under the CERCLA statute and the implications of this designation for due diligence and site cleanup requirements. Additionally, California's unique Proposition 65 Duty to Warn requirements for PFAS have not yet resulted in a wave of litigation, but as water purveyors are required to report concentrations of PFAS in drinking water supplies to customers it is almost certain that litigation to offset cleanup costs will follow.
Meanwhile, the development of PFAS-free replacement products, including fluorine-free alternatives to PFAS-containing fire-fighting foams, continues on a national and global scale, but the efficacy and reliability of such substitutes has not yet been fully vetted.
Register soon for this cutting-edge virtual conference on PFAS Contamination and Regulation in California. To keep everyone safe, it will be an interactive Zoom broadcast with a virtual reception for less formal conversation about PFAS issues among the participants.
Who will benefit from attending
Attorneys, environmental consultants, land use planners and other agency officials, Tribal leaders, water system operators, and potentially responsible parties.
What you will learn
- Chemistry, occurrence and toxicity of PFAS
- PFAS fate and transport, source forensics, and treatment
- Fluorine free foams as alternatives to PFAS for fighting fires
- Drinking water treatment options
- Federal regulatory developments relating to PFAS contamination
- California's PFAS Phased Investigation Plan
- Prop 65 notification requirements
- Potential Maximum Contaminant Level (MCL) standards
- Regulatory investigations into potential Clean Water Act violations
- CERCLA designations, and NRD claims as potential game changers
- Practical tips for approaching PFAS cases
- PFAS considerations in future business transactions
- Insurance options and issues unique to PFAS substances
Friday, Feb. 12, 2021 - 3 p.m.
Moving onto Future Transactions: PFAS Due Diligence
The law: Environmental due diligence and continuing (Due Care) obligations
Edward B. Witte, Esq.
Godfrey & Kahn / Milwaukee, WI
PFAS research and testing strategies due diligence processes
Eurofins Environment Testing America / Sacramento, CA
PFAS issues in transactions and related insurance issues
Kimberly Bick, Esq.
Bick Law / Newport Beach, CA