PFAS Superfund Liability Is One Step Closer

The U.S. Environmental Protection Agency’s (EPA) final rule to regulate certain per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund as it is more commonly known) has cleared the interagency review process. Completion of this step signals that EPA is very close to issuing the new rule. AGC has long discussed risk exposures for contractors associated with this regulatory approach: where contractors encounter these chemicals in earthmoving or dewatering activities. Most recently, AGC raised these concerns to the U.S. Senate Committee on Environment and Public Works as they considered possible implications of EPA’s forthcoming rule at a March 2024 hearing. Construction companies, along with several other industries, are at risk of litigation for contamination not originating with them. Many groups, like AGC, are asking Congress to step in to protect innocent parties from liability---provisions that the law currently does not provide.

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