CERCLA PFAS Claims Trickle in, But Not Yet the Expected Flood of Cases

Environmental attorney Jeff Porter was quoted in an Inside EPA article about the gradual emergence of claims under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) related to contamination from per- and polyfluoroalkyl substances (PFAS) following the U.S. Environmental Protection Agency's (EPA) designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances. The article explained that although municipalities, water systems and states have begun pursuing cost recovery actions, the anticipated wave of litigation has so far developed more slowly than expected. Mr. Porter noted that contribution actions in particular present strategic and procedural challenges, making it critical for parties to approach these cases with a clear understanding of Superfund litigation and the missteps that can complicate cost allocation disputes.

"The history of Superfund tells us that contribution cases can be inefficient, especially those involving a scatter shot approach to adding parties," he said.

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