Workshop A – Environmental Law Fundamentals 101: A Comprehensive Guide to the EPA Laws Impacting the Regulation of PFAS in the United States

Timothy J. Bergere
Partner
Armstrong Teasdale LLP

John Gilmour
Partner
Kelley Drye & Warren LLP
Kickstart your PFAS journey with this essential primer!
Join us for an engaging session designed to equip you with a clear understanding of the core environmental laws shaping the rapidly evolving landscape of PFAS regulation in the U.S: CERCLA, TSCA, EPCRA, RCRA and beyond. This master class sets the tone for the main conference by demystifying the foundational policies driving the future governance of PFAS chemicals.
Topics to be covered will include:
- An overview of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Assessing significant legal, legislative and regulatory developments since the Act’s inception
- Comparing Biden-Harris PFAS Roadmap priorities to Trump administration policies
- Understanding the recent designation of PFOS and PFOA under CERCLA, classes as hazardous substances
- What authority does CERCLA provide to the EPA in terms of holding Potentially Responsible Parties (PRPs) liable for environmental contamination?
- A comprehensive analysis of the Emergency Planning and Community Right-to-Know Act (EPCRA)
- Understanding PFAS reporting under the Emergency Planning and Community Right-to-Know Act, including changes to TRI (Toxic Release Inventory) reporting thresholds and the addition of new PFAS listings
- Assessing the challenges and implications for facilities now subject to reporting
- A comprehensive analysis of the Toxic Substances Control Act (TSCA)
- Understanding the full scope of authorities that the TSCA provides to the EPA with regard to the governing of chemical substances in the U.S.
- Examining significant compliance and enforcement developments under the Act
- Understanding the recent developments under TSCA, with respect to reporting and removal of several exemptions’ thresholds
- Understanding the fundamentals of the Resource Conservation and Recovery Act (RCRA)
- Analyzing the implications of including a substance on the RCRA list of hazardous constituents
- Under RCRA, PFAS-containing waste could potentially be classified as hazardous, which would subject it to stringent handling, storage, and disposal requirements
- Identifying leading state laws regulating PFAS under CERCLA-like provisions, and their interplay with federal regulations