Per- and polyfluoroalkyl substances (PFAS) are a group of chemicals that have received a lot of regulatory, scientific and legal attention in recent years, and all indications are that this is just the beginning. To be sure, the lack of federal guidance and the patchwork of state regulations addressing these chemicals is problematic for the regulated community. But other unique aspects of PFAS regulation further complicate the picture. Of particular concern are the current and proposed advisory and regulatory levels for two of these chemicals—perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)—which are orders of magnitude below the concentration levels of most other chemicals.

Further complications arise from the fact that PFAS are not just one chemical but a group of hundreds of man-made chemicals that were widely used in manufacturing and consumer products. Moreover, some studies indicate that the chemicals may be both mobile and yet persistent when released into the environment. The combination of these factors creates significant challenges to effective enforcement and equitable allocation of cleanup responsibilities. Accordingly, it is important for the entire regulated community, whether involved with PFAS or not, to be aware of the varied and changing regulatory and legal developments.

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