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Insights / events

Presentation

Protecting Against PFAS Liabilities in M+A Transactions and Property Transfers

May 31, 2024

Read Time: 1 min

Of Counsel Michael Blumenthal (Cleveland) will co-present “Protecting Against Per- and Polyfluorinated Substances (PFAS) Liabilities in M+A Transactions and Property Transfers” at the American Conference Institute (ACI)’s Summit on PFAS Regulation, Compliance, and Litigation on May 31, 2024 in New York, New York. Presenters will analyze how to hedge against PFAS risks in these types of transactions, identify best practices for negotiations and transactional due diligence to minimize PFAS risks and potential liabilities, and provide context for understanding the full scope of responsibilities and liabilities that are at play for entities engaged in the purchase, sale, transfer, merger or absorption of a business or property with ties to PFAS.

ACI’s Summit on PFAS Regulation, Compliance, and Litigation forum will provide a 360-degree deep dive into the current status of federal and state PFAS policy, legislation, and regulation; the latest trends in PFAS litigation; the science behind PFAS testing and toxicology; and what companies should be doing in terms of risk management strategies and protocols.

Insights

Alert

The PFAS Matrix: Potential Risks, Corrective Actions, and Regulatory Compliance

July 3, 2024

Per- and polyfluoroalkyl substances (PFAS), often dubbed "forever chemicals," are increasingly scrutinized for their environmental persistence and health risks. Businesses that manufacture, use, or dispose of PFAS face a growing web of regulations and potential liability for contamination. This PFAS guide explores strategies for clients to proactively assess and address PFAS concerns, aiming for both regulatory compliance and minimized legal exposure.

Alert

PFAS as CERCLA Hazardous Substances: Impact on Commercial Real Estate Transactions

July 2, 2024

The EPA's move to designate PFAS as "hazardous substances" represents a significant shift in environmental regulation with profound implications for current property owners and those buying, selling, financing, or developing affected properties.

Alert

EPA Issues Final Methylene Chloride Rule Banning Most Uses

May 2, 2024

On April 30, 2024, the EPA issued the final methylene chloride rule under the Toxic Substances Control Act, establishing prohibitions and workplace protections for methylene chloride to safeguard human health.

Alert

EPA’s Hazardous Substance Designation of Certain PFAS Compounds Impacts Real Estate Due Diligence

April 24, 2024

On April 17, 2024, the EPA issued a Pre-Publication Notice that it was submitting a final rule for publication in the Federal Register, designating two types of PFAS as “hazardous substances” under CERCLA.

Alert

EPA Finalizes PFAS Safe Drinking Water Regulations

April 16, 2024

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the final National Primary Drinking Water Regulation (NPDWR) under the Safe Drinking Water Act. The NPDWR established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six per- and polyfluoroalkyl substances (PFAS) in drinking water.

Alert

EPA’s Long Arm Reach: PFAS TSCA Rule

April 2, 2024

On October 11, 2023, the U.S. Environmental Protection Agency issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act for Perfluoroalkyl and Polyfluoroalkyl Substances.