On January 14, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against the United States to compel the United States to address immediately contamination of New Jersey groundwater with PFOA and PFOS from facilities owned or operated by the United States. The suit, which was brought pursuant to the federal Safe Drinking

In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post, we discuss what a designation of PFOA and PFOS might mean for ongoing investigations and remediations lead by EPA.

Current EPA Interim

As previously reported, the Biden administrative is expected to make PFAS regulation and enforcement a priority by, among other things: designating PFAS as hazardous substances, setting enforceable limits under the Safe Drinking Water Act, prioritizing substitutes through procurement policies, and accelerating toxicity studies and research. Plan to Secure Environmental Justice and Economic Opportunity.

On