Per- and Polyfluoroalkyl Substances, also known as "PFAS", have been used in industrial products for nearly a century and the effects of their presence in the environment, particularly Indiana's water sources, is only recently coming to light. House Bill 1184 is currently before the Indiana House of Representatives and would, for the first time, establish limits for the amounts of PFAS chemicals that can be found in state waterways. If passed into law, the bill would require the state department of health to establish state maximum contaminant levels for PFAS in water provided by public water systems. The law would also require maximum contaminant levels to be not only protective of the public health generally, but also specifically protective of vulnerable subpopulations. 

Whether this bill ultimately becomes law in Indiana, there is no question that PFAS chemicals are increasingly on the radar of the environmental regulators, including the EPA and the Indiana Department of Environmental Management. This will certainly be an issue that property owners, local governments, developers, and businesses will have to grapple with in the coming years.

Environmental issues are notoriously costly, but there are solutions in dealing with them and the regulatory agencies that implement the rules. Property owners can recover damages for contamination they are compelled to cleanup. To the extent these regulations impact you or your business, it's important to seek counsel and weigh your options.  

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.