A recent federal appellate decision upholding the U.S. Environmental Protection Agency’s (EPA) designation of PFOA and PFOS as hazardous substances under CERCLA provides important insight into the scope of the agency’s authority and the compliance, liability, and litigation consequences companies may face as regulators and litigants apply the designation.
In an article published by Bloomberg Law, Gordon Rees Scully Mansukhani Senior Counsel, Ayodeji Ayolola, examines what the DC Circuit’s decision means for businesses, including new reporting and transportation requirements, potential CERCLA liability, the role of the EPA’s scientific and economic findings in future litigation, and the measures companies should consider to identify and address PFOA and PFOS risks.
Ayolola has nearly a decade of experience defending exposure matters in toxic tort litigation. He represents manufacturers, suppliers, contractors, and other businesses in toxic tort matters involving alleged exposure and contamination using early issue-spotting, disciplined discovery, and strategic execution to achieve favorable outcomes.