Read the full article by John Kindschuh and Thomas Lee (JD Supra)

“Many states have expressed frustration with the lack of federal cleanup standards for per- and polyfluoroalkyl substances (‘PFAS’) in groundwater, and have started the process of regulating PFAS in groundwater themselves.  As a result, states have adopted a patchwork of regulations and guidance standards that present significant challenges to impacted industries.  This client alert focuses on the different state regulations regarding the guidance, notification, and cleanup levels for PFAS – typically perfluorooctanesulfonic acid (‘PFOS’) and perfluorooctanoic acid (‘PFOA’)  – in groundwater.

I. State Regulations

The snapshot provided below is current as of February 24, 2021, but it is important to note that this is a rapidly developing regulatory space.  Some states, such as North CarolinaPennsylvaniaRhode Island, and Wisconsin have proposed groundwater regulations for PFAS which may take effect later this year, and more state actions, as well as possible federal action, are expected to be announced this year.  All of which means that if your business is assessing your current risk, or conducting due diligence on a property, and there is the possibility of ongoing or legacy PFAS use or contamination, please feel free to contact us to discuss the most recent regulations in the applicable jurisdiction(s)…”