Lathrop GPM LLP attorneys say more federal and state action on PFAS in groundwater is likely under a Biden administration, but is also possible under another Trump administration. They say companies facing potential liability should prepare for more regulation regardless of who wins the election, and they suggest specific steps to do so.
There are few certainties leading up to this year’s presidential election, but it’s a good bet that questions surrounding PFAS in groundwater—particularly the fate of federal regulations about so-called “forever chemicals”—could be answered soon if Joe Biden is elected.
The former vice president’s environmental plan specifically includes language about designating per- and polyfluoroalkyl substances, commonly referred to as PFAS, “as a hazardous substance,” and setting enforceable limits for PFAS in the Safe Drinking Water Act.
This comes after the Trump administration in 2019 moved forward with a PFAS action plan—but as yet no regulations.
Bloomberg Law, 3 November 2020