Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”)

As a result of numerous alleged health and environmental effects, perfluoroalkyl and polyfluoroalkyl substances (“PFAS”), which have been used in a wide variety of products in the United States and abroad for decades, are subject to increased scrutiny from the U.S. Environmental Protection Agency (“EPA”) and regulatory agencies throughout the world. Businesses across a vast array of industries and sectors are now required to navigate complex state and federal regulations. Blank Rome’s PFAS team is prepared to guide our clients through the myriad of evolving challenges.

In recent years, PFAS has increasingly become a “hot-button” issue in environmental regulation and compliance. Blank Rome’s PFAS team of attorneys has vast experience in the relevant regulatory and statutory regimes. We provide all relevant services for our clients including environmental counseling and compliance, litigation, defense of enforcement actions, and due diligence. Our team assists our clients in evaluating and managing PFAS-related issues in the most cost-effective manner possible. Blank Rome’s team is available to counsel clients in regard to potential PFAS requirements promulgated under federal statutes, as well as their state analogues, and state regulatory reporting requirements. Our environmental legal services fall into the following categories and issues:

• Environmental compliance and permitting;
• Environmental due diligence;
• Transactional risk management; and
• Environmental enforcement and litigation (including civil, criminal, and administrative proceedings).

PFAS has spawned significant litigation in the private sector. Our team represents clients in PFAS matters involving contamination of drinking water and water wells, insurance claims, toxic tort claims, regulatory violations, and state and national investigations, among other matters. We understand the shifting and complex legal and regulatory landscape, as well as the many emerging issues and potential litigation proceedings resulting from government agencies’ focus on PFAS and the increasing scope of personal injury litigation. Given the volume of products that knowingly (or unknowingly) contain PFAS substances, as well as the frequency in which these products are purchased and consumed, the degree and range of legal issues have grown exponentially. Our team routinely advises clients regarding regulatory and litigation risks associated with the evolving PFAS legal landscape, and assists in developing strategies to address and mitigate those risks. As these issues and legal proceedings unfold, Blank Rome’s PFAS team is available to monitor and advise on these evolving developments to protect our clients and their interests.

How We Can Help 

Our PFAS-related services include:

• Due diligence, compliance auditing, and environmental management systems
• Environmental and regulatory compliance
• Medical waste management
• Civil and criminal enforcement and litigation
• Internal corporate criminal investigations
• Insurance coverage litigation
• Products liability litigation
• Class action, multidistrict litigations (“MDLs”), and toxic tort litigation
• Environmental litigation
• Government investigations and enforcement actions
• PFAS regulatory and compliance advice under:
  • Clean Air Act
  • Clean Water Act
  • Comprehensive Environmental Response, Compensation, and Liability Act (“Superfund” or “CERCLA”)
  • Resource Conservation and Recovery Act
  • Toxic Substances Control Act
  • Occupational Safety and Health Act
  • Hazardous Materials Transportation Act