Helping clients manage risks associated with so-called “forever chemicals” – or PFAS – requires attorneys to think about proactive measures clients can take to limit their use and keep abreast of scientific research into how PFAS affect humans and the environment, McGuireWoods partner Adam Sowatzka told Law360 in an Oct. 11, 2024, story.
Sowatzka, co-leader of the firm’s environmental enforcement and regulatory counseling practice group and leader of the firm’s PFAS and emerging contaminants team, was among a select group of legal authorities Law360 sought out for insight on PFAS litigation trends. Sowatzka, who is based in Atlanta and has a national environmental practice, said attorneys can be proactive by helping clients devise strategies for identifying whether their products contain PFAS or whether PFAS are being unintentionally introduced into their products during the manufacturing process.
“You can break down the parts of the process for manufacturing and work closely with a technical expert to find an efficient way to test in phases or iterations to find out where unintentional PFAS might be introduced,” Sowatzka said.
Sowatzka said finding the right scientific experts is critical in helping clients limit PFAS use and defending clients in PFAS litigation. In some cases, he said, plaintiffs have conducted PFAS testing without consulting the right expert, only to discover evidence of cross-contamination or find that the wrong methods were used to conduct the testing.
“So, having the right expert who can help you get testing done using an accredited lab that uses approved methods is important, and then having an expert who can explain those results to a jury is a challenge we have as PFAS practitioners,” Sowatzka said.
Keeping pace with new and emerging PFAS regulations poses another challenge, he said.
“We have to keep one eye on all of that because you could be going down a particular path to defend a client and then a new regulation comes out that impacts your case,” Sowatzka said. “You really have to keep looking ahead at what’s coming next.”