Articles Posted in PFAS

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We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies and regulatory enforcement trends. With regulatory activity and litigation continuing to accelerate, we are circling back to provide an updated look at the regulatory and legal landscape surrounding PFAS, including recent federal developments, insurer responses and practical guidance for policyholders navigating this complex and high-stakes area. To meet these risks, policyholders with potential exposure are well advised to review their general liability coverages, including both historical occurrence-based policies, pollution legal liability policies and any new terms added to current renewals.

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In the last decade, per- and polyfluoroalkyl compounds (PFAS) increasingly have become the subject of actual or potential liability for a widening group of companies, with potential liability arising from both private tort lawsuits and governmental enforcement of environmental laws and regulations. In a recent Practical Guidance® Practice Note, Insurance Coverage for PFAS Liability, our colleague Tamara Bruno provides a comprehensive breakdown of this rapidly growing area of coverage need.

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In North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals Contamination, colleagues Reza Zarghamee, Mark J. Plumer, Jillian Marullo, Rebecca M. Lee and Ashley L. Meredith examine the lawsuits, along with new state prohibitions and reporting requirements imposed on manufacturers and distributors of products containing PFAS, that signal increased initiative by states to regulate PFAS.