Overview
Our team of experienced environmental attorneys represents manufacturing and industrial clients in navigating evolving regulations, including conducting environmental audits, to address past and mitigate future PFAS-related risks. Our attorneys serve as counsel for multiple defendants in the nationwide Aqueous Film-Forming Foam (“AFFF”) Multi-District Litigation and represent parties in additional PFAS-related lawsuits in North and South Carolina. We are admitted to practice before the United States District Courts for the District of South Carolina and for the Western, Middle and Eastern Districts of North Carolina.
We represent lenders, developers, and corporate entities across industries in environmental and regulatory due diligence. Our knowledge of PFAS is essential to identifying and managing potential risks in corporate and property transactions. As one of MVA’s highly skilled and technical practice groups, the Environmental team collaborates closely with colleagues across the firm to deliver a holistic approach tailored to each client’s needs especially when PFAS issues arise.
More About PFAS
Often referred to as “emerging contaminants,” Per- and Polyfluoroalkyl Substances (PFAS) have drawn significant attention from industry stakeholders and regulatory agencies over the past decade due to their potential risks to human health and the environment. Because of their unique chemical properties, PFAS are widely present in the environment and have been detected in the blood of many human and animal populations.
Although the term PFAS encompasses nearly 10,000 compounds, regulatory scrutiny and civil liability claims have largely centered on a select few.
Where PFAS Considerations Arise
At the core of PFAS-related issues is the combination of their widespread use in commercial products, their resistance to degradation and tendency to accumulate in the environment and animal tissue, and the uncertainty surrounding their potential for harm.
As a result, PFAS have been the focus of:
- Increasing scrutiny and regulatory action by federal, state, and local agencies, as well as growing attention from Congress and state legislatures;
- Expanding theories of liability in civil litigation; and
- Heightened consideration in transactional due diligence.
- Regulation of PFAS has been led primarily by the U.S. Environmental Protection Agency (EPA) and has so far impacted a limited number of commercial and industrial sectors, requiring enhanced compliance to avoid administrative liability and enforcement.
- PFAS concerns have also driven a surge in civil litigation. Claims alleging product liability, personal injury, and property damage related to PFAS contamination have been filed by both private and governmental plaintiffs. The most prominent example is the Aqueous Film-Forming Foam Products Liability Multi-District Litigation (AFFF MDL) before the U.S. District Court for the District of South Carolina, which has produced several high-profile settlements totaling billions of dollars.
These regulatory and litigation risks make PFAS a significant consideration in corporate and property transactions. While PFAS are now routinely addressed in contractual provisions, property transactions require heightened due diligence due to the inclusion of certain PFAS within the strict liability framework of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Given the likelihood that PFAS may be present at many properties, careful evaluation and PFAS-specific due diligence have become essential in real estate and transactional matters.
