“All Appropriate Inquiries” Will Need to Consider PFOA and PFOS for Property Acquisitions Closing on or After July 8, 2024

Farella Braun + Martel LLP

On May 8, 2024, EPA published in the Federal Register its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA. The designation of these two PFAS will thus be effective on July 8, 2024. For property acquisitions closing on or after July 8, environmental due diligence to meet CERCLA’s “all appropriate inquiries” standard for liability protection, which is typically performed via Environmental Site Assessments, will need to include consideration of PFOA and PFOS.

EPA’s final rule can be found here.

Pursuant to section 102(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), EPA is designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), including their salts and structural isomers, as hazardous substances.

www.federalregister.gov/...

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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