A comparison of state and federal regulation of per- and polyfluorinated substances

Presented by: Olivia Deans – Ocean and Coastal law Fellow at National Sea Grant Law Center, okdeans@olemiss.edu Co-authors: Catherine Janasie Abstract: Per- and polyfluorinated substances (PFAS) are an emerging contaminant with known human health effects. PFAS do not break down easily and have been found to accumulate in soil and water throughout the Great Lakes region. It is important for scientists, industry, and decision-makers to understand the varying approaches to regulating PFAS and the current requirements. Understanding the PFAS regulatory framework will help identify where more information is needed and how scientific studies can better inform decision-makers. Traditionally, the federal government has not regulated PFAS. In the absence of federal regulation, many states began regulating PFAS using different approaches. However, in 2019 the Environmental Protection Agency (EPA) began addressing how it will regulate PFAS with current, federal environmental statutes. In December 2020, the EPA released interim guidance for PFAS use and removal. The outcome of federal PFAS decision-making will likely affect state regulatory actions and could also affect many high-profile PFAS lawsuits. This presentation will explain the PFAS regulatory frameworks of states in the Great Lakes region, as well as highlight the current federal approach to PFAS regulation. Biography: Olivia Deans is an Ocean and Coastal Law Fellow with the National Sea Grant Law Center. She primarily researches legal issues involving commercial fishing and water law. Olivia received a J.D. from Vermont Law School in May of 2020. Prior to law school, Olivia attended Michigan Technological University and earned a B.S. in Biological Sciences.Ope