EBA Risk Management September Meeting: PFAS from the Owner/Operator Perspective

Assuming they survive ongoing legal challenges, EPA’s recent rulemakings incorporating PFAS into federal laws like CERCLA and RCRA are widely expected to fuel remediation liability affecting commercial financing transactions involving property impacted by PFAS-related contamination. Increasingly, property owners, other responsible parties, and borrowers will be forced to grapple with special transactional challenges presented by so-called ​“forever chemicals”— ranging from how, whether, and when to look for them, how to clean them up, and how to allocate liability risk associated with their potential presence at properties being considered as secured collateral. Partner Steven Humphreys will break down the law, the risk, and the practical path forward to getting deals done in an evolving PFAS legal landscape.