The United States Environmental Protection Agency (EPA) in July of this year designated two PFAS (perfluoroalkyl and polyfluoroalkyl substances) chemical types as “hazardous substances” under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA, better known as the Superfund liability law), which has had a major impact in the ever-evolving environmental regulatory arena. PFAS substances are commonly referred to as “forever chemicals” because, according to the EPA, they are difficult to break down and can accumulate and persist in the human body for long periods of time. Because PFAS chemicals have been manufactured and used in a large variety of products for decades, the EPA states that they are found in water, air, fish and soil at locations around the globe. The Superfund designation is part of a larger EPA strategy to address PFAS contamination, including promulgation in April of this year of new and very strict standards for PFAS in drinking water. In addition, there has been movement by several states to regulate PFAS, including some that are imposing bans on use of PFAS chemicals in a growing range of products.
Kevin Johnson
Kevin works with clients to resolve environmental, energy and natural resource legal issues in project development, transactions, and regulatory compliance matters.
For nearly three decades, Kevin has helped clients resolve environmental, energy and natural resource legal issues. He has a particular focus on renewable energy projects and businesses -- including those involving bioenergy (waste-to-energy) and biofuels (ethanol and biodiesel) -- as well as waste management projects and redevelopment of contaminated sites.
His practice is comprehensive in scope, and he is routinely called on by clients to develop solutions to address:
- Siting and development of major facilities
- Regulatory compliance and response to enforcement actions
- Federal, state, and local permitting
- Due diligence in transactions
- Property contamination issues
Kevin is a frequent author and speaker on the legal and regulatory landscape for the energy, agribusiness, brownfields redevelopment, and waste management industries. He is a longtime member of the environmental law sections of both local and national bar associations and is active in several industry trade associations.