How the PFAS regulations got to where they are and what you can legally do to recover costs for damages

The path to the EPA PFAS (MCL) health advisory has been lengthy. Examining how regulations evolve provides insight on how to recover the cost from the polluters that caused the contamination. The seemingly haphazard journey to the PFAs health advisory from the Toxic Substances Control Act (TSCA) and Unregulated Contaminant Monitoring (UCMR) of drinking water, combined with improved analytical methods, has made it easier to identify and seek damages from the polluters.

Water utilities are facing substantial expense to deal with PFAS/PFOS contamination. They are struggling to understand how the EPA’s new health advisory will impact them and where funds will come from to pay for the costs of response and treatment.

This presentation will detail the legal review process that can be undertaken by a utility interested in pursuing cost recovery options for emerging contaminants including replacement or treatment of affected well, capital costs, and operation and maintenance costs for the lifetime of affected wells. The factors to consider when evaluating manufacturer liability will be reviewed. General resource commitments and timelines for undertaking this process will also be particularized.