June 17, 2024

Implications of PFAS CERCLA liability for the commercial real estate industry

Mary Katherine H. Stukes, Laura Truesdale, Pierce Werner

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What do you get when you combine a strict liability statute that could apply to every commercial property and a “forever chemical” that could exist almost everywhere? Designation of Perfluorooctanoic Acid (PFOA) and Perfluorooctanesulfonic Acid (PFOS) as CERCLA Hazardous Substances, 89 Fed. Reg. 39,124 (May 8, 2024) (https://bit.ly/3XcY6jV) (the Final Rule).

Originally published on Reuters Legal News and Westlaw Today - June 17, 2024.

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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.