Bloomberg Law
Aug. 26, 2022, 7:44 PM

Liability Hook Reaches All in EPA’s Proposed PFAS Superfund Rule

Pat Rizzuto
Pat Rizzuto

No industries would unequivocally be exempted from the EPA’s proposed rule designating two “forever chemicals” hazardous substances subject to Superfund’s strict liability.

The Environmental Protection Agency’s proposed rule (RIN: 2050-AH09) calls for designating perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), or Superfund.

If finalized, the rule would speed cleanups that can cost millions of dollars and spur litigation from the EPA as it seeks reimbursement. Companies also commonly sue each other to expand the pool of responsible parties who will ...

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