PFAS Update Virtual Seminar - Sweeping PFAS Cleanup Liability on the Horizon

Join Kelley Drye for a virtual seminar on the latest regulatory developments that are likely to usher in expansive new liability for the release and remediation of some of the most widely utilized per- and polyfluoroalkyl substances (PFAS).

On April 19^th, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its highly anticipated rule officially categorizing perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), two forms of per- and polyfluoroalkyl substances (PFAS), as ​“hazardous substances” under CERCLA. The rule, for the first time ever, subjects PFAS to the Superfund law’s extensive liability and cost recovery scheme, which enables EPA and private parties to sue in order to recover costs spent cleaning up and remediating sites where hazardous substances have been released or are threatened to be released.

The EPA lists over 50 types of businesses and other entities the final rule will apply to, including textile, packaging and more manufacturers, property owners, lenders, transportation companies and acquiring parties.

This half-day program will present a series of panels discussing relevant federal and state regulations, and in particular, those developments that are expected to greatly expand the universe of entities that potentially will be responsible for investigating and remediating PFAS contamination. Our panels of experts will discuss ways companies can assess their risk of potential CERCLA liability, options for managing that liability, and measures to help prevent newly incurring liability.

Agenda

1:00 – 1:10 p.m. ET - Welcome Remarks by Bill Jackson, Kelley Drye

1:10 – 1:35 p.m. ET - Basic Science and Facts of PFAS
Presenter: Mark Benotti, Ph.D., NewFields Environmental

1:35 – 2:10 p.m. ET - History and Status of PFAS Litigation
Presenter: Bill Jackson, Kelley Drye

2:10 – 2:45 p.m. ET - Overview of Federal Regulatory Activity on PFAS
Presenter: Andrew Homer, Kelley Drye

2:45 – 3:20 p.m. ET - CERCLA and RCRA Liability in the Wake of Recent and Pending Regulatory Designations
Presenter: Steve Humphreys, Kelley Drye

3:20 – 3:30 p.m. ET - Break

3:30 – 4:05 p.m. ET - Investigation and Remediation - Technology: Past, Present and Future
Presenter: Stewart Abrams, PE, Langan Engineering

4:05 – 5:10 p.m. ET - Panel Discussion: Due Diligence and Risk Management in Real Estate and Corporate Transactions
Moderator: Courtney Kleshinksi, Kelley Drye
Featuring: Jessica Plummer, Alliant Insurance, Charlie Tallinger, Partner Engineering and Science Inc., Dave Winslow, Langan Engineering, and Valerie Sheaffer and Steve Humphreys, Kelley Drye

5:10 - 5:20 p.m. ET - Closing Remarks by Wayne D’Angelo, Kelley Drye

This program is intended for in-house counsel.

Kelley Drye is an approved provider of CLE in New York, California and Illinois. Kelley Drye will offer a maximum of 3.5 Professional Practice New York non-transitional credits, 3.5 General California, and 3.5 General Illinois credits. Credit in other jurisdictions is pending upon request and approval from the state CLE Boards. We will apply for requested states but cannot guarantee approval. CLE credit will be available for some afternoon breakout sessions. The programs that are eligible for CLE will be noted on agenda on the day of the program.