PFAS & Emerging Contaminants: 
Helping Clients Navigate Regulatory Uncertainty & Recover Costs for Emerging Contaminant Contamination, Including PFAS

Marten represents a variety of sectors, including local water and wastewater utilities, impacted by contamination from so-called emerging contaminants, such as per- and poly-fluoroalkyl substances (PFAS). While not yet listed as a federal hazardous substance, the toxicity of PFAS is well-established. These and other emerging contaminants must be addressed in order to preserve the quality of human health and the environment. They are therefore beginning to impose significant costs, particularly on water suppliers and purveyors. We work with our clients to navigate and ensure compliance in an ever-changing regulatory landscape, recover the costs of emerging contaminants, and protect communities.

Federal and state action is just beginning for PFAS and other contaminants not yet known to the public or not previously detected in our environment. This means that the regulatory landscape is changing quickly, and those impacted need to stay informed and engaged. Our lawyers have been advising clients on these issues for years. We stay ahead of the laws and regulation of PFAS and emerging contaminants at the federal, state, and local levels. We advise on the interplay between the state, local, and potential federal regulatory regimes. We help our clients have a voice in the regulatory process, obtain funds to ensure safe drinking water, and negotiate applicable water quality standards and permit requirements. Where disputes cannot be resolved informally or costs recovered through negotiation, we represent our clients in court.

Capabilities

  • Cost Recovery/Contribution Actions
  • Federal Tort Claims Act claims
  • Products liability claims
  • Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) Citizen Suits
  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
  • Federal and State Regulatory Analysis
  • Regulatory Development
  • Natural Resource Damages Recovery
  • Insurance Litigation
  • Model Toxics Control Act (MTCA)
  • Superfund Cleanups
  • Toxic Torts
  • Compliance Counseling
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