PFAS and Emerging Contaminants

At MGKF, we combine our in-house legal and technical experience to understand fully both the nuances of the science and the complex technical elements upon which environmental laws and regulations are premised.  MGKF is on the frontlines with its work on issues relating to emerging contaminants, and particularly per- and polyfluoroalkyl substances (PFAS).  We apply a comprehensive, forward-looking approach that focuses on (1) tracking developments in the law and science both at the federal and state levels nationwide to help our clients understand the direction and timing of new regulatory requirements; (2) helping our clients understand when and how to get involved in the regulatory development process; and (3) applying our depth of experience in environmental law and PFAS technical issues to provide quality, timely, and effective advice to our clients.  Please visit the Representative Experience tab above to see examples of our work.  

MGKF attorneys work closely with our in-house technical consultants, Darryl D. Borrelli, Michael C. Nines, P.E., LEED, AP and Will Hitchcock, to ensure that we are providing comprehensive advice to our clients.  This unique approach affords our attorneys an inside perspective on the technical aspects of an operation or process and their impact on the relevant regulatory issues.  With respect to PFAS specifically, our technical consultants must stay on the leading edge of scientific and regulatory developments to provide timely strategic advice to our attorneys and clients.  In conjunction with the work of our firm’s legal staff, this involves tracking current and proposed standards for soil, water, air, and other media at the federal level and across all states.  It also requires critical review and evaluation of the toxicological studies supporting development of these standards.  Our technical consultants are able to identify sources and responsible parties using an extensive knowledge of PFAS chemistry, product formulations, PFAS fate and transport, and emerging analytical and other forensic techniques such as branched/liner isomer analysis and Total Oxidizable Precursor assays.  This knowledge, combined with geospatial, statistical, and other analytical tools provide value-added service for clients in remediation, cost recovery, allocation, and other litigation matters. 

Below are representative examples of MGKF’s PFAS work:

• Representing clients in site investigation and remediation under the federal Superfund program and state cleanup programs at sits impacted by PFAS
• Representing clients in PFAS cost recovery litigation
• Advising on whether and how to sample for PFAS in various media (i.e., soil, sediment, surface water, groundwater, wastewater, and leachate), which includes advising clients on the proper implementation of Quality Assurance Project Plans and Sampling and Analysis Plans (QAPP/SAP)
• Advising on the treatment and disposal of wastes containing, or potentially containing, PFAS- impacted materials for both the generators and the recipients of those materials
• Assisting clients in transactional due diligence of properties impacted by or potentially impacted by PFAS
• Analyzing insurance policies for potential coverage for PFAS impacts
• Assisting clients with investigation and remediation requirements under the Safe Drinking Water Act with respect to the presence or potential presence of PFAS in public and private water supplies
• Tracking the following: (1) changes to state and federal PFAS drinking water standards, water quality standards, cleanup standards, and air quality standards nationwide; and (2) updates to technical issues at the state and federal level, including changes to analytical methodologies, new toxicological studies and human health toxicity assessments, proper sampling and collection protocols, and emerging treatment alternatives
• Assisting with compliance with regulatory requirements relating to emerging contaminants, especially PFAS compounds
• Preparing for and responding to multi-media compliance inspections (including PFAS focused sampling programs) by state and federal agencies
• Representing municipal authority clients on strategy development and issues relating to PFAS sampling and notification (e.g., UCMR 5)
• Commenting on rulemakings, such as EPA’s toxic release inventory (TRI) rulemaking
• Advising on PFAS issues at former Department of Defense sites
• Advising on potential development of federal pretreatment standards relating to PFAS
• Participating in PFAS standard-setting process through PADEP’s Cleanup Standards Scientific Advisory Board
• Advising clients on TSCA disclosure requirements relating to PFAS
• Assisting clients with various regulatory and remediation issues relating to the historical use of aqueous film-forming foam (AFFF)