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Per- and polyfluoroalkyl substances (PFAS) are manufactured chemicals used around the globe and have left a lasting impact on our planet. PFAS are used to make products resistant to heat, stains, water, and grease and enjoy widespread use across various industries. They prevent food from sticking to cookware; make clothes, furniture, and carpet stainproof; coat pizza boxes, microwave popcorn bags, eyeglasses, and tennis rackets; and act as a lubricating component for satellite parts, ski wax, and communications cables.1
Beyond their impact on daily life, PFAS chemicals are now impacting many federal and state court dockets. Litigation involving PFAS has ballooned in recent years, suggesting that PFAS-related litigation could be akin to asbestos litigation. This article begins with an introduction to PFAS substances, presents the history of PFAS litigation and current trends in pending litigation, reviews state and agency enforcement actions against PFAS manufacturers and downstream users, provides an overview of the federal and state legislative landscape relating to the regulation of PFAS, and concludes with a review of insurance coverage available for PFAS litigation.
Introduction to PFAS
Invented in the 1940s and entering mainstream production in the 1950s, some estimate over 4,700 chemicals exist in the PFAS family, and the number of PFAS chemicals grows by the year.2 This includes the widely known perfluorooctanoic acid (PFOA),perfluorooctanesulfonic acid (PFOS), GenX, and thousands more. Major U.S. manufacturers no longer manufacture PFOA and PFOS, but they are still manufactured internationally and imported into the U.S. in consumer products.3 PFAS do not degrade, which is why they are called "forever chemicals." To date, the chemical has been found in 2,337 locations in 49 states.4
PFAS's durability and widespread presence are precisely what make PFAS so dangerous, as many people are exposed to PFAS throughout their daily lives or sometimes by contamination. According to the Environmental...