Kaplan Kirsch & Rockwell attorneys published an article on PFAS litigation that will be of interest to clients nationwide that are assessing their PFAS liability and litigation options.  The article, published in the most recent issue of the American Bar Association’s Natural Resources & Environment magazine, describes PFAS litigation to date, including suits against primary manufacturers of PFAS and against secondary manufacturers of PFAS-containing products.  It considers the potential wave of PFAS lawsuits under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if at least some PFAS compounds are designated as CERCLA hazardous substances, as is widely expected.  The authors analyze past lessons learned from litigation over other emerging contaminants, MTBE and perchlorate.  Finally, they provide advice to potential PFAS litigants – defendants and plaintiffs alike.

Read the full article here.

For more information contact Thomas Bloomfield, Samantha Caravello, Nicholas Clabbers, Sarah Judkins, or Sara Mogharabi. Law clerks Tom Callahan and Camille Sippel also contributed to the writing of this article.