Partner Stephanie Feingold commented in a Bloomberg Law article on the US Environmental Protection Agency’s (EPA’s) proposed rule, RIN: 2050-AH09, which calls for designating perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
If finalized, the rule would speed up expensive cleanups and spur litigation from the EPA as it seeks reimbursement. In the rule announcement, the EPA promised to “use enforcement discretion and other approaches to ensure fairness for minor parties who may have been inadvertently impacted by the contamination.”
“My understanding is that EPA does not have the power to exempt individual industries. Congressional action may be the only path forward” for clear exemption, said Stephanie.
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