September 07, 2022

Plaintiffs and defense firms alike are bracing for a new wave of environmental litigation centering on "forever chemicals," after the EPA has signaled to set new regulatory standards classifying these substances as "Superfunds."

The defense and plaintiffs bars rarely agree—but they both see the writing on the wall this time: PFAS and PFOA litigation—environmental claims involving “forever chemicals”—will be expanding at a rapid pace over the weeks and months to come.

“I see this as a snowball rolling downhill, and it’s just getting bigger and faster as it proceeds,” Cohen Milstein partner Theodore J. Leopold said. His firm has been involved in PFAS litigation for several months, including against chemical manufacturer DuPont for allegedly contaminating Cape Fear river in North Carolina. “We are just scratching the surface,” he added referring to the total amount of damages that has occurred to water systems by the use of these toxic chemicals.

Read the complete article on The National Law Journal.