Stinson Environmental Attorneys Provide PFAS Guidance in Law360 Article

12.22.2023

Stinson LLP Partner Andrew Davis, Of Counsel Sarah Struby and attorney Claire Williams authored an article for Law360, "Considerations for In-House Counsel Before Testing For PFAS."

The attorneys examine the regulatory landscape concerning per- and polyfluoroalkyl substances (PFAS), including existing environmental safeguards and ongoing efforts to regulate PFAS at both state and federal levels, and offer insight on when companies should expect to be asked to sample for PFAS. They also detail the pros and cons of proactively testing for PFAS and provide guidance on the factors companies should consider before conducting PFAS testing.

"A proactive approach presents risks, including technological challenges associated with testing and, the potential that such information will need to be disclosed," the attorneys write. "But it also presents a number of benefits, allowing the company to realistically assess exposure, collect documentation, control the scope and cost of sampling and remediation, and evaluate insurance coverage."

The attorneys say the decision to proactively investigate and sample for PFAS is multifaceted and will ultimately depend on the facts and circumstances of the particular case, however, "weighing the risks and benefits will allow in-house counsel to help chart a path forward."

Davis represents clients in high-profile litigations, civil investigations, and enforcement actions involving state and federal agencies. He also advises clients in complex regulatory matters, including environmental cleanups, spills, and emergency response issues. Recently, he has been involved in cases concerning emerging contaminants, including PFAS.

Struby focuses her practice on representing clients in administrative negotiations with the Environmental Protection Agency and state governmental agencies. She has extensive experience litigating environmental claims in court, including cost recovery and contribution claims under the federal Superfund law. Additionally, Struby assists clients with compliance and permitting under federal and state environmental laws.

Williams counsels clients on environmental, transportation and various types of energy and administration matters. She has experience with Minnesota's regulation of emerging contaminants, including PFAS substances. Williams also provides up-to-date and relevant counseling on the continuing evolution of environmental justice considerations at both the federal and state level.

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