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Per- and Polyfluoroalkyl Substances (PFAS)
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Navigating the Legal, Financial, and Environmental Complexities of “Forever Chemicals”
Per- and Polyfluoroalkyl Substances (PFAS) have rapidly become one of the most significant environmental and regulatory challenges facing corporations today. Known for their chemical stability and persistence in nature, PFAS are now subject to unprecedented governmental scrutiny and widespread litigation.
At SJKP LLP, our multidisciplinary PFAS team helps clients assess risk, mitigate exposure, and navigate the evolving regulatory and enforcement landscape—ensuring proactive compliance and strategic defense against escalating liabilities.
2. Understanding PFAS and Their Expanding Regulatory Landscape
PFAS are synthetic chemicals that have been in use since the mid-20th century for their water-, stain-, and heat-resistant properties. However, their resistance to degradation has made them a focal point for environmental and health concerns. As governments intensify oversight, organizations across industries are grappling with how these chemicals affect operations, supply chains, and reputations.
The Rise of “Forever Chemicals” and Public Concern
PFAS earned the nickname “forever chemicals” because they do not readily break down in the environment or human body. According to the EPA’s National PFAS Dataset, over 12,000 PFAS variants are currently identified. Their widespread presence in water, soil, and consumer goods has triggered an aggressive regulatory response worldwide.
The Federal PFAS Strategic Roadmap
In 2021, the U.S. Environmental Protection Agency (EPA) launched its PFAS Strategic Roadmap—an ambitious, cross-agency plan to regulate PFAS under multiple statutory frameworks, including the Safe Drinking Water Act, Clean Water Act, and CERCLA (Superfund). The initiative aims to classify PFAS as hazardous substances, tighten discharge limits, and expand monitoring programs, fundamentally altering compliance obligations for manufacturers and users.
3. State-Level Enforcement and Global Policy Developments
While federal actions continue to evolve, numerous U.S. states and foreign jurisdictions are implementing their own PFAS regulations. This fragmented regulatory environment creates a complex compliance matrix for companies operating across borders.
State and Regional PFAS Bans and Reporting Requirements
States such as California, Maine, and New York have enacted stringent laws restricting PFAS in textiles, food packaging, and firefighting foams. Many require product content disclosures or prohibit sales altogether, forcing manufacturers to overhaul supply chains and labeling practices.
Global Trends in PFAS Regulation
Outside the U.S., the European Union’s REACH regulation is moving toward a comprehensive ban on PFAS use, while countries such as Canada, Japan, and Australia have adopted import controls and reporting regimes. Our attorneys assist clients in harmonizing global compliance efforts and preparing for cross-border enforcement.
4. PFAS Litigation and Liability Exposure
The scale of PFAS-related litigation has exploded in recent years. Plaintiffs—including states, municipalities, water utilities, and private citizens—are seeking compensation for contamination, remediation, and health-related claims.
Our PFAS litigation team represents clients across all stages of these disputes, from pre-claim assessments to settlement negotiations and trial.
Expanding Scope of PFAS Liability
Liability is no longer limited to chemical manufacturers. Plaintiffs are increasingly targeting companies that use, distribute, or sell products containing PFAS, even indirectly. This includes consumer goods producers, construction firms, and waste management entities. Understanding potential exposure in the supply chain is now essential to managing corporate risk.
High-Value Settlements and Precedent Cases
Recent PFAS settlements have exceeded $10 billion, setting new precedents for environmental liability. These cases have prompted insurers, lenders, and investors to heighten scrutiny of PFAS disclosures. We help clients evaluate the implications of pending litigation and implement preemptive measures to limit financial and reputational damage.
5. Risk Assessment, Mitigation, and Compliance Strategy
Addressing PFAS risk requires proactive investigation, regulatory engagement, and strategic planning. SJKP LLP provides a comprehensive framework to assess existing exposure and develop remediation and compliance solutions that align with evolving standards.
PFAS Risk Audits and Due Diligence
We assist clients in conducting environmental audits, supply-chain reviews, and site assessments to determine potential PFAS liabilities. Our attorneys coordinate with environmental consultants to analyze chemical inventories, sampling data, and historical usage to anticipate enforcement or litigation risk.
Developing Internal Governance and Response Plans
We help organizations establish PFAS task forces, compliance committees, and response protocols. These internal systems ensure consistent handling of PFAS-related incidents, disclosure management, and engagement with regulators and stakeholders.
6. Insurance Recovery and Financial Risk Management
PFAS exposure presents not only regulatory and legal risks but also significant financial challenges. Many organizations are seeking coverage under existing General Liability (CGL) or Pollution Legal Liability (PLL) policies. SJKP LLP’s Insurance Recovery team advises clients on maximizing recoveries and managing claims effectively.
Leveraging Insurance Coverage for PFAS Claims
We analyze policy language, exclusions, and coverage triggers to determine whether insurers must indemnify or defend PFAS-related claims. Our attorneys have extensive experience recovering losses from legacy and current insurance programs, ensuring clients preserve value while addressing remediation costs.
Structuring Future Coverage and Financial Planning
Our lawyers work with risk managers and brokers to negotiate new policies tailored to PFAS exposures. We also assist in structuring financial reserves, disclosure practices, and investor communications to minimize market impact from ongoing or potential claims.
7. Policy, Advocacy, and Regulatory Engagement
SJKP LLP’s Environmental and Public Policy teams actively engage with regulators and legislators to shape emerging PFAS frameworks. Through policy advocacy and coalition building, we help clients participate constructively in the regulatory process and promote balanced, science-based decision-making.
Engaging With Federal and State Regulators
Our attorneys represent clients in rulemaking proceedings, enforcement conferences, and stakeholder dialogues with agencies such as the EPA, Department of Defense, and state environmental boards. We craft evidence-based submissions to influence forthcoming PFAS standards and classification proposals.
Public Relations and Stakeholder Strategy
Given the reputational sensitivity of PFAS issues, public communications must be precise and credible. We guide clients in crafting disclosure statements, press releases, and ESG reports that accurately reflect risk management actions and demonstrate corporate responsibility.
8. Corporate Transactions and Due Diligence
PFAS considerations are increasingly integral to M&A, real estate, and financing transactions. Hidden contamination or regulatory non-compliance can materially affect deal value and post-closing obligations. Our team conducts in-depth PFAS due diligence to protect clients from unforeseen liabilities.
Transactional Risk Identification and Allocation
We identify PFAS-related risks early in the deal process, reviewing environmental permits, site histories, and vendor contracts. When risks are discovered, we draft indemnities, escrows, or price adjustments to ensure fair allocation and financial protection.
Post-Acquisition Compliance Integration
Following an acquisition, we assist with the integration of PFAS compliance programs, training, and ongoing monitoring to align newly acquired assets with corporate governance and environmental standards.
9. Why Choose SJKP LLP for PFAS Counsel
Multidisciplinary Strategy. Global Insight. Proven Results.
At SJKP LLP, we understand that PFAS issues are not just environmental—they are financial, reputational, and operational. Our PFAS team includes lawyers from Environmental Law, Toxic Torts, Public Policy, Corporate Transactions, and Insurance Recovery, providing clients with coordinated, end-to-end solutions.
From proactive compliance planning to high-stakes litigation defense, we help clients navigate one of the most complex regulatory challenges of the modern era—protecting their business continuity, market credibility, and long-term growth.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.
