The World Turned Upside Down? Whether the Designation of Two PFAS as Hazardous Substances Changes the World of CERCLA Liability and Due Diligence.

The article discusses how the designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances may impact liability and due diligence under the U.S. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It explored the regulation of per- and polyfluoroalkyl substances (PFAS) by the U.S. Environmental Protection Agency (EPA), the scope of EPA's enforcement discretion policy, and the outlook for CERCLA cost-recovery actions.