Per-and Polyfluoroalkyl Substances (PFAS)

Per-and polyfluoroalkyl substance (PFAS) issues are rapidly intensifying across regulatory, transactional, and litigation landscapes, increasing pressure on organizations to assess risks, comply with evolving rules, and address potential contamination. 

Ice Miller helps clients navigate this shifting environment with strategic, business focused counsel grounded in deep environmental and regulatory experience.

PFAS are synthetic chemicals used since the 1940s in a wide range of industrial and consumer products due to their resistance to heat, oil, stains, grease, and water. They persist in the environment, bioaccumulate, and migrate easily. Exposure can occur through contaminated water, food sources, or contact with PFAS containing materials, and they frequently enter drinking water through industrial discharges or activities near factories, airports, and military installations. Potential health impacts include increased cholesterol, liver enzyme changes, reduced vaccine response, pregnancy related blood pressure concerns, lower infant birth weight, and elevated risks of kidney or testicular cancer.

Federal and state regulations and reporting obligations are rapidly evolving and create complex compliance challenges. Organizations across sectors must now evaluate TSCA reporting obligations, supply chain visibility, state by state drinking water standards, potential CERCLA and RCRA liability, and product labeling and disclosure requirements.

Ice Miller advises clients across industries including manufacturing, aviation, water utilities, agriculture, healthcare, real estate, and chemical production. As scientific understanding evolves, scrutiny—and liability—continue to grow. We support clients with:

Regulatory Compliance & Reporting

  • Guidance on TSCA §8(a)(7) reporting and data gathering strategies
  • Support navigating federal and state PFAS rules for water systems, manufacturers, importers, and product suppliers
  • Advice on permitting, discharge issues, and regulatory engagement

Litigation & Enforcement Response

  • Counsel for PFAS related enforcement, investigations, and contamination claims
  • Defense strategies informed by PFAS science and regulatory trends
  • Support for water providers and municipalities responding to alleged PFAS impacts

Site Investigation, Remediation, & Risk Mitigation

  • Evaluation of contamination pathways, exposure considerations, and cleanup obligations
  • Coordination with technical consultants on efficient mitigation strategies
  • Oversight of remediation planning and regulatory communications

Transactional & Due Diligence Support

  • PFAS assessment in real estate and M&A due diligence
  • Identification of legacy contamination and potential liabilities
  • Advice on contractual protections, indemnities, and insurance considerations

Funding & Cost Recovery

PFAS cleanup can be costly, and identifying viable funding sources is often challenging. Ice Miller also assists clients in pursuing cost recovery options, grants, and other financial mechanisms to address PFAS impacts.

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