Alita Giuda, Chair of our Environmental Practice Group, recently wrote an article regarding PFOS and PFOA and Construction for the Associated General Contractors Association’s Cornerstone Magazine, which highlights the impacts the Environmental Protection Act’s (“EPA”) new CERCLA regulations for PFOS and PFOA may have on the construction industry. In April 2024, the EPA finalized a regulation that added two new chemicals to its Superfund list – PFOA and PFOS. The construction industry, particularly for asphalt and concrete work, could unknowingly have exposure to these chemicals, especially through their work at airports and military fields, and their equipment could become carriers of these substances. In the article, Alita advises that the construction industry should be proactive in avoiding liability through diligence regarding site history and liability protections, which can include pre-excavation sampling, contractual indemnification, and segregating any materials returning with the contractor from other materials managed onsite.

Read the full article from AGC’s Cornerstone Magazine here: https://www.couchwhite.com/wp-content/uploads/2024/07/AGC-Article_Summer-2024.pdf

Learn more about our Environmental Practice Group here: https://www.couchwhite.com/practice-areas/environmental