By By Kathryn Peacock, Steven Luzkow, & Suzi Rosen, published on GlobeSt.com on Aug. 28, 2024
Real estate professionals have a lot of questions about how PFAS may impact their deals EPA’s PFAS ruling of July 8, 2024. The ruling designates two of the most widely used categories of PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, also known as Superfund). This means that in order to evaluate environmental risk and ensure the protection from environmental liability that CERCLA provides, the Phase I Environmental Site Assessment (Phase I ESA), must now include an evaluation of the presence of PFAS in the same manner as other contaminants. Of course, when a Phase I ESA identifies potential PFAS risk at a site, subsequent evaluation may become necessary. It’s helpful to have a basic understanding of how PFAS risk is assessed and managed during a real estate acquisition.
In this Globe St. article, Kathryn Peacock, Steven Luzkow & Suzi Rosen discuss how PFAS risk is assessed and managed during acquisition.
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When it comes to PFAS risk and liability, assembling a team of experts is crucial. It is advisable that you rely on the expertise, guidance, and insights of an experienced environmental consultant, a knowledgeable environmental attorney, and a skilled insurance broker familiar with emerging contaminants.
