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PFAS: The Regulatory Landscape, Technical Issues, and State of Litigation

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Produced on June 24, 2019

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Course Information

Time 61 minutes
Difficulty Intermediate

Course Description

This program, taught by environmental attorneys Jose Almanzar and James Periconi of Periconi, LLC, and environmental engineer Keith Brodock of Integral Consulting Inc, will provide an overview of current and proposed federal and state environmental regulations concerning the class of chemicals known as per- and polyfluoroalkyl substances (PFAS), along with the basic technical background necessary to advise clients.

Scientific uncertainties in toxicity coupled with an absence of meaningful federal action has resulted in a piecemeal approach among state agencies to regulating PFAS in public drinking water and other exposure media. Regulators are setting drinking water standards and advisories for some PFAS compounds at part per trillion levels, which is triggering response actions at many drinking water facilities. Consequently, PFAS investigations and remedial actions are expanding across the country.

This program will explain how different states are proposing to regulate these contaminants. The presenters will also discuss technical issues that can arise during PFAS-related investigation and remediation, the unique challenges for risk management and risk communication, and techniques to overcome such issues. Finally, the course will explore potential liability issues concerning PFAS and highlight some of the more interesting PFAS litigations in the country.


Learning Objectives:

  1. Examine existing and proposed groundwater regulations regarding PFAS for several states and the federal government
  2. Explore technical and practical issues that arise in PFAS investigation and remediation, and discuss how risk managers might overcome such issues
  3. Discuss the state of PFAS litigations across the country and highlight legal issues that have arisen in some of these cases



Credit Information

This course is pre-approved for CLE credit in the following states. If your state is not listed, contact support for more information on how to receive credit

Lawline reports attorney attendance in select states. View more about CLE reporting .

Faculty

James J. Periconi

Periconi , LLC

James Periconi focuses on both environmental litigation and regulatory matters. He has had substantial experience representing defendants in governmental actions brought for remediation of Superfund and other contaminated sites, and for prosecution and defense of private cost recovery actions. He has developed innovative approaches to air permitting requirements for research facilities, and has dramatically reduced fines in significant EPA enforcement matters for public companies to below materiality thresholds. Mr. Periconi has twice been appointed a federal court Special Master in Clean Water Act cases and often acts as an expert witness in environmental law in federal and state actions.

 

From 1987 through 1989, Mr. Periconi served as Chief of the Solid and Hazardous Waste Enforcement Bureau of the New York State Department of Environmental Conservation. During his tenure there, he oversaw the nation's largest and most complex state Superfund program.

 

From 1982 to 1987, Mr. Periconi was an Assistant Attorney General in the Environmental Protection Bureau of the New York State Department of Law, where, among other matters, he prosecuted the first hazardous waste felony jury trial to corporate and individual convictions in New York, and sued the United States Environmental Protection Agency in one of the earliest "acid rain" cases. He served as an Assistant District Attorney in the New York County District Attorney's Office from 1977 to 1980.

 

Named to Who’s Who in International Environment Lawyers for 2009-2010, Mr. Periconi, who is admitted to practice in the United States Courts of Appeal for the Second, Third and Sixth Circuits, as well as all federal district courts in New York, was chair of the Environmental Law Section of the New York State Bar Association in 2003. He is a member of the Board of Advisors of the Toxics Law Reporter, published by the Bureau of National Affairs in Washington, D.C. The firm is the New York chapter Environmental Law Firm for the International Network of Boutique Law Firms. Mr. Periconi was the Chairman of the Board of INFORM, Inc., a New York-based national environmental organization, from 2004-2006. 

 

Mr. Periconi is the author, most recently, of “The State of Environmental Crimes Prosecutions in New York,” 23 Natural Resources and Environment (American Bar Association’s Section of Environment, Energy, and Resources) pp. 11-16 (Winter 2009); co-author, with Delight Balducci, of “New Duties to Tell Tenants if Indoor Air Tests Exceed Markers,” New York Law Journal (12/10/08); and author of “Environmental Due Diligence in Real Estate Transactions,” 3 Bloomberg Corporate Law Journal pp. 40-64 (Winter 2008). A frequent lecturer on environmental law topics, he is a primary co-author of Environmental Law and Regulation in New York (West, 1996), a part of West's award-winning New York Practice series.

 

Mr. Periconi is a graduate of Regis High School (New York), Columbia University (B.A., 1970). In 1972, as a Danforth Graduate Fellow, he received an M.A. in English and Comparative Literature from the University of Virginia. He received his J.D. from New York University in 1977.



Jose Almanzar

Periconi, LLC

Jose Almanzar is an associate attorney at Periconi, LLC, where his practice focuses on environmental due diligence counseling for commercial real estate transactions, environmental regulatory matters, and environmental litigation. Prior to joining Periconi, LLC, Jose was an associate attorney at a Long Island law firm practicing in the areas of zoning, land use and environmental law, and provided counsel to Fortune 100 clients with environmental due diligence and project development. Jose has also represented parties in mass environmental tort matters in state and federal courts.

Jose received his Juris Doctor degree, cum laude, from New York Law School, where he focused his studies on environmental and land use law, and graduated in the top twenty percent of his class. At NYLS, Jose served as Secretary of the Environmental Law Society, and as Vice President of the Student Bar Association.

As a law student, Jose served as a litigation intern for the Environmental Protection Bureau at the Office of New York Attorney General, and interned for both the U.S. Environmental Protection Agency (Region II) and the N.Y.C. Department of Environmental Protection. Prior to attending law school, Jose worked as an environmental scientist for a national environmental consulting company, where he conducted site surveys and prepared Phase I Environmental Site Assessments, Asbestos Assessment Reports and Lead-Based Paint Reports.



Keith P. Brodock

Integral Consulting Inc.

Mr. Keith Brodock is a licensed professional engineer and project manager with over 15 years of experience in environmental engineering, remediation design, and construction.  As a professional engineer, Mr. Brodock has responsibilities ranging from oversight of investigation and remediation to cost estimation and project execution.  His experience includes sites impacted with chlorinated solvents, petroleum compounds, polychlorinated biphenyls (PCBs), and constituents of emerging concern, such as per- and polyfluoroalkyl substances (PFAS).  One of his primary responsibilities is serving as president of Integral Engineering, P.C., which provides engineering services in New York, New Jersey, and North Carolina.

Mr. Brodock has overseen projects across the country.  He routinely advises clients on risk management, site investigation and remediation, regulatory climate, and mitigation measures for contaminated properties.  Mr. Brodock has considerable experience in developing strategic plans for remediation that meet wide-ranging stakeholder needs.  He is a remediation design engineer and serves as resident engineer on multiple construction projects in the New York City and New Jersey areas.  Mr. Brodock also has substantial litigation support experience on cases involving a range of remediation issues, engineering cost analysis, and liability allocation.