Lawmakers are facing challenges in determining which parties should be classified as “passive receivers” of PFAS contamination, according to an article by InsideEPA. The term refers to entities that may be exempt from Superfund liability under certain conditions.
Stephanie Feingold, a partner quoted in the article, explained that these parties could include owners or operators at sites where PFAS substances like perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) are found. She stated that these parties might have “no connection to site operations or releases.”
Feingold further noted the implications of the Comprehensive Environmental Response, Compensation, and Liability Act’s strict liability scheme. She mentioned that a site owner or operator could potentially be held responsible for addressing what is essentially background or regional contamination of PFOA or PFOS.
The full discussion can be accessed in the InsideEPA article.
