PFAS Updates North America 2024

Moderator

Nhat Nguyen

Chief Analyst, Enhesa Product Intelligence, USA

• 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

Lynn L. Bergeson

Managing Partner, Bergeson & Campbell, USA

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

Ruxandra Cana

Partner, Steptoe LLP

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.

Conor Shea

Supervisor, Pollution Prevention Unit, New York State Department of Environmental Conservation

• 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.

Martha Marrapese

Partner, Environment and Product Regulation Practice, Wiley LLP, USA

• 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.

Jaana Pietari

Senior Managing Consultant, Ramboll

Moderator

Nhat Nguyen

Chief Analyst, Enhesa Product Intelligence, USA

• 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?

Thomas Delille

Partner, Squire Patton Boggs, Belgium

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.

Dan Bastien

Senior Director and Head of Chemicals, Intertek, Canada

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

John Gardella

Co-Owner / Attorney, CMBG3 Law, USA

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

Rose Passarella

Director - Chemicals Group, Intertek Assuris, USA

• 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.

Elizabeth Denly

PFAS Initiative Leader & Chemistry Director, TRC

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 

Judah Prero

Counsel, Arnold & Porter, USA