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Publication Date

1-31-2024

Abstract

PFAS are a family of manufactured chemicals that are highly persistent in the environment. Most people in the U.S. have been exposed to PFAS, but different groups of people may have higher exposure due to their environments. In recent years, peer-reviewed scientific studies have shown that PFAS are linked to numerous adverse human health effects. As a result, the U.S. Environmental Protection Agency (EPA) has taken a variety of actions to address PFAS, including proposing to designate PFOS and PFOA, two chemicals in the PFAS family, as hazardous substances under CERCLA, or Superfund. CERCLA is the primary legal mechanism in the U.S. for ensuring that hazardous chemicals are removed from the environment, and this designation would be a first step in protecting communities from ongoing exposure to legacy PFAs contamination. In the U.S., communities of color and low-income communities disproportionately bear the burden of pollution from private industry and the government, and PFAS are no exception. Environmental justice demands equal treatment in enforcement of environmental laws, which means that communities with disproportionately high pollution burdens should be prioritized for cleanups under CERCLA. At the same time that legacy PFAS contamination is being taken seriously at the federal level, the Biden Administration has committed to prioritizing action on environmental justice. This Note explores whether the hazardous substance designation, in combination with policies and guidance from the White House and EPA, will be sufficient to ensure prompt and complete PFAS remediation.

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