UCLA Journal of Environmental Law and Policy

First, this paper will describe what forever chemicals are and the damage these compounds inflict. This paper will then explore what a CERCLA NRD assessment is: a tool to protect the public from chemicals like PFAS. The goals of NRD assessments can be tied back to the Public Trust: a sovereign holding natural resources in public trust for the citizenry. After briefly discussing pending federal regulatory action, which would list PFOA and PFOS as hazardous and thus pull them under CERCLA’s jurisdiction, this paper will propose two potential solutions to the problems trustees face when asserting NRD claims. To illustrate these problems and their proposed solutions, this paper uses the Florida marine environment and one of the oldest and most treasured natural resources in the animal kingdom, the alligator, as a muse.

The first solution the paper proses is that Congress amend CERCLA to exempt public or municipal wastewater treatment facilities and waste management facilities from litigation related to NRD assessments. Additionally, this paper proposes that Congress amend CERCLA to broaden the potentially responsible parties to include manufacturers of PFAS chemicals, as they so often fall outside CERCLA’s four statutorily responsible parties. Finally, this paper will show the NRD process will bolster the science around PFAS, proving causation and not just correlation, so that all potentially responsible parties can be held responsible.