Impact Of “Hazardous Substance” CERCLA Designation On State Superfund Laws

Read the full story at JD Supra.

We’ve discussed in our previous posts the process that EPA will likely use to designate PFOA and PFOS as “hazardous substances,” how that designation will impact responsible parties, and what effects it may have on current EPA-lead investigations and remediations. In this article we discuss how the process may impact states that are also addressing PFAS. Many states have “superfund” laws modelled on CERCLA that allow those states to respond to contamination and to seek cost recovery from responsible parties for a release of a “hazardous substance” into the environment.

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