Senate Efforts Resume to Shield Passive PFAS Receivers from Superfund Liability
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Senate Efforts Resume to Shield Passive PFAS Receivers from Superfund Liability

During remarks at a March 24 meeting, Senate Environment and Public Works (EPW) Committee Ranking Member Shelley Moore Capito (R-WV) reaffirmed her push for bipartisan legislation to exempt passive receivers of PFAS contamination from Superfund liability. While past negotiations stalled with Democrats in the previous Congress, Capito has long indicated her support and has renewed her case for addressing the issue. Additionally, she further indicated that upcoming legislative proposals will likely address PFAS destruction technologies as well as reinitiate efforts to establish a consistent, narrower federal definition of PFAS.

Capito’s comments coincide with ongoing legislative efforts in both chambers to advance PFAS liability exemptions. In the House, Rep. Marie Gluesenkamp Perez (D-WA) introduced H.R. 1267, a bill with bipartisan backing to provide liability protections to drinking water and wastewater systems. In the Senate, Sen. Cynthia Lummis (R-WY) also plans to reintroduce legislation that would provide broader Superfund exemptions to a range of sectors. ILTA will continue efforts to communicate the key considerations for liquid terminal owners’ liability under CERCLA in the new Congress and administration, as well as monitor federal legislative and regulatory developments surrounding PFAS.
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