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More PFAS Lawsuits Likely with Monitoring, Two Coming EPA Rules

Oct. 31, 2022, 8:24 PM

A wave of PFAS litigation shows no sign of cresting with increased drinking water monitoring starting next year and two anticipated EPA regulations, attorneys and a chemical testing specialist said Monday.

Two rules the Environmental Protection Agency expects to finalize in 2023 will prompt even more parties to join the thousands who already have filed lawsuits claiming harm from per- and polyfluoroalkyl substances (PFAS), said Stephanie Biehl, a partner with Sher Edling LLP.

Those rules are federal drinking water limits for two PFAS—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS)—and designation of both chemicals as hazardous substances under the Comprehensive Environmental ...