The DC Circuit’s decision to uphold the EPA’s designation of PFOA and PFOS as hazardous substances under CERCLA underscores the growing legal and financial risks associated with PFAS contamination. As regulators expand scrutiny of these chemicals, businesses face increased exposure not only through environmental claims, but also through real estate transactions, supply chain relationships, and M&A activity.
Nicole Corona notes in Law360, organizations should be evaluating business decisions through the lens of potential PFAS liability. Companies that proactively assess contractual protections, indemnification provisions, insurance coverage, and environmental risks will be better positioned to manage emerging exposures as PFAS-related enforcement and litigation continue to evolve.