An article published by the Practising Law Institute by Witte Davis Law partner Ned Witte and Kristen Drake of PolicyFind and available here was quoted in Inside PFAS Policy in its September 2, 2026 article, “Attorneys Warn CERCLA PFAS Ruling Likely to Drive Increasing Claims.”

“Act before regulatory or litigation pressure creates urgency,” they [Witte and Drake] say. “PFAS regulation, including CERCLA designations, state hazardous-substance programs, and drinking-water requirements, may lead to investigations, notices, demands, and litigation. Once an organization is identified as a potentially responsible party, the pressure to respond and incur costs escalates.

The Inside PFAS Policy story, authored by Suzanne Yohannan, explains that the D.C. Circuit's August 18 ruling upholding EPA's CERCLA "hazardous substance" designation for PFOA and PFOS is expected to expose more companies to Superfund liability, according to attorneys tracking the decision. Law firms including K&L Gates, Stinson, Liskow, and ArentFox Schiff and Witte Davis Law are advising affected industries (aviation, paper mills, landfills, firefighting training, metal plating, textile coating, and others) to review insurance coverage, contract indemnities, and environmental cost-allocation provisions, while watching for expanded PFAS testing at existing and reopened Superfund sites. Attorneys also point to available defenses, including the innocent-landowner and de minimis protections, and urge companies to engage proactively at each regulatory stage rather than wait for enforcement action.

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You can read the full article in Inside PFAS Policy here. Access to the article is provided with permission from InsideEPA.com. InsideEPA.com does not take positions on policy issues.