It’s Time to Include PFAS in Every Property Related Release

Illustration of person in chemical suit

PFAS do not easily fit within standard definitions of hazardous substances used in today’s agreements.

June 1, 2020
John Van Vlear & Gregory Tross - Newmeyer Dillion

While the federal government and states (including California) are working on establishing standards and how to manage the toxic chemicals known as PFAS (as defined below), certain states and banks are requiring testing for PFAS to approve no-further-action (NFA) determinations or to underwrite loans. PFAS do not easily fit within standard definitions of hazardous substances used in today’s agreements. Thus, if you want to ensure you and your successors are released for PFAS which later environmental testing may reveal, ensure such is specifically listed in your releases.

What Are PFAS

As depicted in the recent major-release movie Dark Waters, PFAS are a group of very stable man-made chemicals that are both toxic and ubiquitous. They are long-chain chemicals which means they do not naturally degrade easily.

Reprinted courtesy of John Van Vlear, Newmeyer Dillion and Gregory Tross, Newmeyer Dillion
Mr. Vlear may be contacted at john.vanvlear@ndlf.com
Mr. Tross may be contacted at greg.tross@ndlf.com



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