| Navigating the Legal Landscape of PFAS Litigation |
December 2024Written by: Jason Babcock, Ph.D., Engineering Systems, Inc. (ESi)
What are “Forever Chemicals?” Found in products such as firefighting foam, nonstick cookware, and water-repellent clothing, per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals,” have become a focal point of environmental and public health litigation over recent years. Prized for their ability to resist water, heat, and sticky substances, these chemicals have remarkable durability and have become an integral part of the production of everyday items. However, the same chemical stability that makes them indispensable in industry also renders them highly stable in nature and the body, preventing them from biodegrading. Evolving Legal Considerations The rise of PFAS litigation is rooted in the increasing interest in whether there are potential health risks associated with these substances. Even though lifestyle, environmental, and biological factors make it challenging to establish that PFAS exposure contributed to an individual’s health condition or ailment, companies may be held liable for environmental and public health impacts linked to PFAS usage. The future of PFAS litigation promises to be both challenging and transformative. As interest in PFAS grows, industries historically linked to the use or production of PFAS, such as chemical manufacturing, aviation, and firefighting, are likely to face increased scrutiny. The long-term impact of PFAS exposure is currently unknown but environmental pollution stands to leave a lasting impact on public health; environmental litigation may be defined by PFAS-associated claims for decades to come. The Environmental Protection Agency (EPA) has introduced Maximum Contaminant Levels (MCLs) for PFAS in drinking water and has designated certain PFAS chemicals as hazardous substances under the Superfund program. Litigation pertaining to PFAS may continue to intensify and many states have also implemented their own regulations or bans of the substances. Collaborating with Experts Subject matter experts bring specialized knowledge that can identify data patterns, validate the accuracy of environmental models, and clarify the chemical behaviors of PFAS in various contexts, enhancing the overall depth and precision of an investigation. Working closely with chemists, environmental and chemical engineers, and medical experts allows for scientifically grounded investigations of potential sources of PFAS contamination and their impact on the environment and public health. Material, biological, or environmental samples should be analyzed by a laboratory with expertise in PFAS analysis procedures such as EPA methods 533 and 537 to compare detected PFAS levels with regulatory standards or health advisory levels to evaluate potential risks. As PFAS regulations and scientific understanding continue to evolve, monitoring changes in state and federal regulations, such as the EPA’s timeline for adjusting regulations for PFAS in drinking water, can help attorneys anticipate potential risks and advise clients accordingly. Encouraging clients to proactively address PFAS concerns by documenting compliance with environmental standards and maintaining transparent safety practices can mitigate litigation risks and foster trust with regulators and the public. Key Takeaways In this complex and evolving legal landscape, attorneys have a critical role in balancing their clients’ interests with broader concerns for public health and environmental protection. By leveraging scientific expertise, staying ahead of regulatory changes, and crafting proactive strategies, attorneys can effectively navigate the intricacies of PFAS litigation and contribute to the development of fair and informed legal outcomes. ![]() Jason R. Babcock, Ph.D. is Senior Managing Consultant with ESi. As Director of the Chemistry practice, Dr. Babcock oversees Chemistry personnel, projects, and laboratory facilities across offices of ESi. He has formal training in chemistry, physics, mathematics, and materials property analysis. Throughout his career, he has specialized in the role that materials contribute to the limitations and failures of products and systems. He has substantial experience in a variety of materials, corrosion, measurement instrumentation, materials testing, intellectual property litigation, processing and processing equipment, R&D practices, and project management. Dr. Babcock has a broad general chemistry knowledge that is invaluable to understanding the interaction of materials on a molecular level. He has extensive experience designing and building experimental apparatus and performing analytical testing, interpreting the results, and providing detailed reports summarizing the findings. He can provide practical and comprehensive testing that is independent and unbiased. He has experience performing a broad range of tests to determine the strength, physical, chemical, and wear properties of metals, ceramics, composites, and plastics. Dr. Babcock entered the consulting field in 2008 following eight years R&D experience in various advanced materials sectors. Most recently he served as Principal Scientist at Caulfield Engineering. He also continues to function in an advisory role as a Co-Founder of Green Light Industries, where he helped develop an electric generator planned for use in mobile power applications, a lawn mower catalytic converter, and a fuel element concept for space nuclear propulsion systems. Prior to that, Dr. Babcock worked as Senior Research Scientist at Ultramet, Inc. in Southern California where he secured over $3.5 million in government funding to support his research into ceramic matrix composites, coatings, and catalysts for the aerospace industry. He received his Bachelor’s degree in Chemistry from Illinois Wesleyan University in 1994, a Doctorate in Inorganic Chemistry from the University of Chicago in 1998, and followed that up with a post-doctoral stint in the Department of Materials Science at Northwestern. Dr. Babcock is the author of over forty technical papers and holds five patents. |
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