The Emerging Contaminant Challenge, How PFAS Can Impact Your Deals
By George J. Tyler, Esq., Margaret B. Carmeli, Esq. and Meredith Harris, P.E.
In February 2019, the United States Environmental Protection Agency (USEPA) published their action plan for addressing PFAS. One of the long-term goals of the USEPA action plan is to begin the process of regulatorily designating two of the PFAS chemicals (perfluorooctanoic acid or “PFOA” and perfluorooctanesulfonic acid or “PFOS”) as hazardous substances. Inclusion of PFAS chemicals on the hazardous substances list will have a direct impact on the Phase I environmental due diligence process typically employed by builders as the presence or potential presence of PFAS will become a “Recognized Environmental Condition.”
The article below, coauthored by Roux’s Meredith Harris, P.E. was published in the New Jersey Builders Association’s (NJBA) Dimensions Spring/Summer 2019 Newsletter, outlining the emerging contaminant PFAS and how the chemical can impact real estate deals. Click the link below to read the article or view the full publication here.