Description
Litigation involving PFAS reflects the widespread use of these chemicals. With standards for drinking water and remediation under review, the EPA considering hazardous substances designation, and ongoing health and environmental studies, this litigation is expected to become even more complex. Hundreds of PFAS-related lawsuits, including a multi-district litigation for cases relating to fire-fighting foam, are pending in state and federal courts. PFAS is seemingly the fastest growing and evolving area of federal environmental regulation, and the resulting litigation is keeping pace.
As the number and variety of lawsuits increase, companies are having to take a harder look at their potential PFAS exposure and changing current practices to remove or mitigate the amount and types of PFAS included in their processes and products. If the EPA ultimately lists certain PFAS as hazardous substances, CERCLA liability risks and the attendant claims for environmental response costs will likely increase exponentially. Now is the time to understand and navigate the risk of PFAS exposure, determine how to minimize that risk, and assess the state of complex litigation involving this emerging contaminant.
This program features two litigators experienced in the MDL and other PFAS litigation, as well as a scientific expert to explain the technical issues of detection, proof, and remediation of this emerging contaminant. During the 90 minute discussion, they will explore:
The ubiquity of and impact from PFAS
Implications of certain PFAS being listed as a hazardous substance under CERCLA
Use of market share theories in litigation
Evidentiary issues (e.g., ubiquity versus causation)
Common claims and defenses in PFAS litigation
Availability of treatment and detection methods
Joint and several liability/apportionment and allocation
Personal injury and attendant issues