In this webinar we were pleased to have a special presentation from Ned Witte, Attorney at Godfrey & Kahn, S.C. Ned's presentation discussed collateral consequences of identifying PFAS as a CERCLA hazardous substance.
This free webinar discussed the following collateral consequences of identifying PFAS as a CERCLA hazardous substance:
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U.S.EPA CERCLA administrative order and cost recovery authority
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Private party cost recovery and contribution actions
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Impacts on CERCLA five-year reviews and closed sites
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CERCLA defenses and exemptions, including the innocent landowner defense and bona fide prospective purchaser eligibility
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Interface with state PFAS regulations
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Applicable or Relevant and Appropriate Requirements (ARARs)
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Environmental due diligence and the evolution of the ASTM standard to address PFAS and emerging contaminants
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Impacts on transactions and Brownfields
On July 13, 2021, the United States House of Representatives approved the PFAS Action Act, which currently sits before the United States Senate for further action and possible approval. If enacted, the PFAS Action Act would require the United States Environmental Protection Agency to designate two PFAS, known as PFOA and PFOS, as Comprehensive Environmental Response Compensation and Liability Act “hazardous substances” within one year and to make a similar determination on other PFAS substances within five years. Some observers believe that if Congress doesn’t pass PFAS legislation, U.S.EPA may act on its own. Such a CERCLA hazardous substance identification sounds intuitively appropriate, but what are the practical effects? Join Ned Witte, an experienced PFAS lawyer and lecturer, as he discusses collateral consequences of identifying PFAS as a CERCLA hazardous substance.
Complete the form on this page to view this free webinar.
About the Presenter:
Ned Witte, J.D.
Attorney Shareholder, Godfrey & Kahn, S.C.
Ned Witte is an attorney and shareholder with the Godfrey & Kahn Environmental Strategies Practice Group. Ned has broad, nationally recognized experience in counseling clients concerning the emerging contaminants Per-and Polyfluoroalkyl substances, or PFAS (including PFOA and PFOS). He represents clients with interests in numerous PFAS sites in Wisconsin including at disposal sites, manufacturing sites and locations where PFAS-containing aqueous film forming foam (AFFF) has been discharged. In 2020, Ned was selected by the Biden-Harris Agency Review Team for the United States Environmental Protection Agency to consult on PFAS issues. He also serves as a member of the Wisconsin Department of Natural Resources PFAS Policy Advisory Group.