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EPA's Latest PFAS Action Leaves Unanswered Questions

Environmental Law Chair Jeff Porter recently spoke to Law360 about the implications of EPA’s proposal to regulate nine PFAS as “hazardous constituents” at properties subject to Corrective Action under the Resource Conservation and Recovery Act.

Jeff commented, “There’s no immediate effect from this new rule, unless you have a site that’s impacted by other things that are regulated under federal law, and you haven’t determined whether PFAS are present among the other contaminants. [Property owners] should think about determining that…Even if you’re not the owner of one of those 1,900 properties, as part of your due diligence you should be evaluating your properties or prospective properties for possible PFAS.”