PFAS Updates North America 2024

Moderator

• the need to engage in legally protected due diligence;
• managing the tension between disclosure obligations and minimizing liability; and
• strategies to minimize collateral PFAS liability

• review international instruments addressing PFAS substances;
• review PFAS measures in place in selected jurisdictions; and
• review global compliance strategies.

VIRTUAL PRESENTATION

• pollution prevention approach to PFAS;​
• recent NYS actions on PFAS; and​
  • PFAS in Food Packaging Law​
  • PFAS in Apparel Law​
• other PFAS restrictions.

• status and content of proposed regulations in these “bell weather” states for PFAS regulation;
• how to prepare for reporting in Minnesota on January 1, 2026; and
• the 2032 bans, products likely to qualify for currently unavoidable use (CUU) exemptions, and how to ask.

• key technical considerations that may be important when addressing or complying with the expanding PFAS regulations:
  • consideration for PFAS “background” in investigations and studies; and,
  • identifying sources of PFAS in products or in the environment.

Moderator

• EU PFAS restriction proposal: where we stand, what is to be expected;
• (Sectorial) restrictions at Member States level; and
• the emerging litigation threat at Member States level: are the EU and the US converging?

Canada has been working diligently in defining and collecting information on perfluoroalkyl and polyfluoroalkyl substances (PFAS). This presentation will talk about:

• how PFAS are defined in Canada;
• potential issues surrounding PFAS in Canada; and
• status of the regulations in Canada.

• PFAS greenwashing claims update;
• class action litigation and medical monitoring claims; and,
• impact of EPA and state regulatory actions on litigation.

• the management of PFAS in the US including PMN and SNUNs;
• the reporting rule; and,
• common state rules.

• as a manufacturer, consumer, investor, or lender, it is important to understand your PFAS risk profile and how to manage potential PFAS liabilities;
• defining and managing your company’s PFAS footprint is a necessity as this space is ever expanding with new regulatory drivers that have to be understood, in a company’s business context and in concert with each other; and,
• the presentation will focus on the objectives of a PFAS liability assessment and a methodology on how to achieve these objectives, including the overall due diligence steps needed, the approach to identifying and prioritizing risks, developing risk ratings, and developing a plan to manage and/or mitigate the risks.

VIRTUAL PRESENTATION

• US court of appeals has invalidated a TSCA order issued by EPA with respect PFAS manufactured as a byproduct of a fluorination process; and
• impact on EPA’s future regulation of PFAS and its authority under TSCA generally to regulate new and existing uses of chemicals under TSCA