Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of trusts, as well as executors and heirs of estates. The designation of PFAS is expected to result in a new wave of CERCLA litigation filed by EPA, other agencies, and private parties for cleanup of PFAS contamination. 

Under CERCLA, a trust or estate may be liable for such contamination, particularly if the trust or estate holds current or former industrial properties where PFAS was used and/or discharged to the environment. Understanding and addressing this risk will, therefore, be important to trustees and executors in performing their fiduciary duties, as well as to beneficiaries and heirs who may receive title to such properties.

EPA’s pre-publication notice of the final rule designating PFOA and PFOS as hazardous substances under CERCLA can be found here. The final rule will become effective 60 days after being published in the Federal Register.