ACI's 2nd Annual Summit on PFAS Regulation, Compliance, and Litigation - WEB by C5Group

ACI’s 2nd Annual Summit on

Regulation, Compliance, and Litigation

May 29–30, 2025

The New York City Bar Association, New York, NY

Gain Insights from Key State Environmental Agencies on Increasing State PFAS Enforcement Policies and Actions:

Shawn M. LaTourette Commissioner New Jersey Department of Environmental Protection

Katrina Kessler Commissioner Minnesota Pollution Control Agency

Joaquin Esquivel Board Chair California State Water Resources Control Board

Susanne Miller Bureau Director Maine Department of Environmental Protection

Benefit from Featured Sessions on:

Esteemed Co-Chair:

Matthew Leopold Partner

Hunton Andrews Kurth LLP

ĉ Shifting Agendas and The Future of PFAS Policy Under the New Administration

ĉ Evaluating the Current and Anticipated Status of EPA’s CERCLA Designations, Federal Reporting Requirements Under TSCA

ĉ Developing an Environmental Due Diligence Checklist for PFAS-Related Transactions

ĉ Evolving PFAS Litigation Trends & MDL Updates

ĉ Contrasting PFAS Developments in Different Jurisdictions: Canada, the EU and Asia-Pacific

Don’t miss out on our pre-conference workshops:

May 28 | 9:00 am–12:30 pm

A B

Environmental Law Fundamentals 101: A Comprehensive Guide to the EPA Laws Impacting the Regulation of PFAS in the United States

May 28 | 1:30–5:00 pm

The Science Behind PFAS: A Deep Dive into Testing Methodologies, Remediation, and Regulatory Impacts

Cocktail Reception Sponsor: Luncheon Sponsor:

Associate Sponsors:

Conference Sponsor:

Helping you Achieve PFAS Compliance

The Stakes are Higher than Ever— Are you Prepared to Face the Risks?

ACI is pleased to welcome you to the 2nd Annual Summit on PFAS (May 29–30, 2025, NYC), where we’ll take a deep dive into the legal, regulatory, and scientific challenges surrounding PFAS chemicals, often called "forever chemicals."

As we step into 2025 with a new administration and a change in EPA leadership, there is uncertainty about the agency’s future stance on PFAS. In other times of federal uncertainty and inaction, state authorities have stepped up to fill the void. Many believe that this is what will happen with PFAS, especially as state authorities have been quite vocal in the PFAS arena.

Presently, PFAS litigation is escalating, state laws are growing stricter, and financial penalties for non-compliance are reaching new heights. It is imperative to stay up to date with the evolving laws and policies shaping compliance, liability, and environmental stewardship.

Attend ACI’s PFAS Summit and hear directly from leading state regulators, industry leaders, and legal professionals on EPA's CERCLA designations, TSCA reporting, state bans, and global regulatory developments. We’ll also tackle critical concerns on the litigation front with updates on the evolving multidistrict litigation (MDL) landscape.

The program also features a roundtable discussion with regulators from New Jersey, Maine, Minnesota, and California, providing firsthand perspectives on state-level initiatives.

Attend our conference to receive the critical information that you need to stay ahead of current and emerging PFAS challenges.

Registration is now open. We look forward to welcoming you to New York this May!

EARN CLE CREDITS

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process, visit: www.AmericanConference.com/Accreditation/CLE

Distinguished Faculty

CO-CHAIR:

Matthew Leopold Partner

Hunton Andrews Kurth LLP

GOVERNMENT OFFICIALS:

Joaquin Esquivel Board Chair

California State Water Resources Control Board

Katrina Kessler Commissioner

Minnesota Pollution Control Agency

Shawn M. LaTourette Commissioner

New Jersey Department of Environmental Protection

Susanne Miller Bureau Director

Maine Department of Environmental Protection

DISTINGUISHED FACULTY:

Timothy J. Bergère Partner

Armstrong Teasdale LLP

Meaghan Boyd Partner

Alston & Bird LLP

Kegan Brown Partner

Lowenstein Sandler LLP

Lindsay Brown Partner

Duane Morris LLP

John Gilmour Partner

Kelley Drye & Warren LLP

Marchello Gray Partner

Hollingsworth LLP

Benedict M. Lenhart Partner

Covington & Burling LLP

Martha E. Marrapese Partner

Wiley Rein

Pat McGrath

Senior Managing Director

Ankura Consulting

James Pollack Partner

Marten Law

Chris W. Rich Partner

Perkins Coie

Steven Siros Partner

Jenner & Block LLP

Adam G. Sowatzka Partner

McGuire Woods LLP

Guy Temple Shareholder

Reinhart Boerner Van Deuren s.c.

Jay West

Senior Director, Chemical Products and Technology

American Chemistry Council

Anna Willett

Senior Project Manager Langan

Pre-Conference Workshops

Wednesday, May 28, 2025

9:00 am–12:30 pm (Registration opens at 8:30 am)

AEnvironmental Law Fundamentals 101:

A Comprehensive Guide to the EPA Laws Impacting the Regulation of PFAS in the United States

Kickstart your PFAS journey with this essential environmental law primer!

Join us for an in-depth session designed to equip you with a clear understanding of the core environmental laws shaping the rapidly evolving landscape of PFAS regulation in the U.S.: CERCLA, TSCA, EPCRA, RCRA and beyond. This master class sets the tone for the main conference by demystifying the foundational policies driving the future governance of PFAS chemicals. Topics to be covered will include:

• An overview of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

» Assessing significant legal, legislative and regulatory developments since the Act’s inception

» Comparing Biden-Harris PFAS Roadmap priorities to Trump administration policies

» Understanding the recent designation of PFOS and PFOA under CERCLA, classes as hazardous substances

» What authority does CERCLA provide to the EPA in terms of holding Potentially Responsible Parties (PRPs) liable for environmental contamination?

• A comprehensive analysis of the Emergency Planning and Community Right-to-Know Act (EPCRA)

» Understanding PFAS reporting under the Emergency Planning and Community Right-to-Know Act, including changes to TRI (Toxic Release Inventory) reporting thresholds and the addition of new PFAS listings

» Assessing the challenges and implications for facilities now subject to reporting

B• A comprehensive analysis of the Toxic Substances Control Act (TSCA)

» Understanding the full scope of authorities that the TSCA provides to the EPA with regard to the governing of chemical substances in the U.S.

» Examining significant compliance and enforcement developments under the Act

» Understanding the recent developments under TSCA, with respect to reporting and removal of several exemptions’ thresholds

• Understanding the fundamentals of the Resource Conservation and Recovery Act (RCRA)

» Analyzing the implications of including a substance on the RCRA list of hazardous constituents

» Under RCRA, PFAS-containing waste could potentially be classified as hazardous, which would subject it to stringent handling, storage, and disposal requirements

• Identifying leading state laws regulating PFAS under CERCLA-like provisions, and their interplay with federal regulations

Join us for an in-depth exploration of the science behind Per- and Polyfluoroalkyl Substances (PFAS). This workshop delves into the latest advancements in understanding PFAS lifecycles, toxicity, and testing methods. Our workshop leaders will look at the real impact of these chemicals, the most reliable testing practices for your products, and the broader implications for your organization. Topics of discussion will include:

• Understanding PFAS: What are they, and do they truly last “forever”?

• Analyzing different PFAS exposure pathways and exposure levels by life stage

• Exposure pathways and toxicology:

» Examining exposure levels across life stages and different pathways

» Assessing health effects studies on PFOA, PFOS, and other PFAS in animals and humans

• Navigating the challenges of PFAS testing—what methods are required by current regulations, and how do they differ across jurisdictions?

» Reviewing validation technologies available

» Discerning environmental release levels, product contamination, and choosing the right testing strategies

» Managing test results—what to do when PFAS are detected and how to integrate findings into your litigation or regulatory response strategy

» Managing third parties doing the testing

» Guidance on selecting contract labs and ensuring alignment on testing methodologies and sensitivity thresholds

• Advances in Remediation:

» Examining the latest PFAS treatment and destruction technologies, and how to translate research into actionable remediation plans

• Understanding how technical and scientific data influence agency rulemaking and enforcement

• Managing results and crafting responses that align with regulatory, litigation, and public relations strategies

• Navigating the challenge of proving causation in PFAS cases

» Assessing the role of scientific evidence, testing for fluorine levels, and how these findings impact litigation strategies

Day One Thursday, May 29, 2025

7:45

PFAS in the Era of Trump 2.0

9:15 The Future of PFAS Policy Under a New Administration: Shifting Agendas and Emerging Challenges

With the shift to a new administration, the regulatory landscape surrounding PFAS is poised for significant change. From the expansive PFAS Roadmap built under the Biden administration, to the conservative recommendations outlined in Project 2025, the future of PFAS policy will have far-reaching implications for environmental regulation, corporate compliance, and litigation.

This panel will explore the trajectory of PFAS regulation and enforcement, the potential rollback or intensification of key policies, and the consequences for stakeholders navigating these uncertainties.

• Analyzing the Biden administration’s PFAS agenda legacy

» Understanding the impact of the PFAS Roadmap on regulations under major environmental laws like CERCLA, TSCA, and the Safe Drinking Water Act

» Evaluating enforcement priorities under the Biden EPA and their influence on PFAS compliance

• Anticipating the Trump Administration’s key environmental priorities and how they will impact PFAS

» Assessing the possibility of reversing CERCLA PFAS designations and federal rollbacks on other PFAS rules, as per Project 2025 recommendations

» Predicting potential changes under a new EPA leadership and their impact on TSCA reporting deadlines and requirements

The Administrative Procedure Act (APA) is foundational in shaping how federal agencies regulate and enforce PFAS policies. This panel will explore the APA’s critical role in driving PFAS regulatory frameworks and how a rollback of Chevron deference could open the door to challenges to perceived overly broad or ambiguous EPA regulations.

• Evaluating the potential consequences of Loper Bright v. Raimondo on EPA rulemaking and regulatory oversight involving PFAS

• Understanding how the Loper Bright fallout may impact federal APA cases, including those in Michigan and the D.C. Circuit

• Examining the administrative landscape under a new administration:

» Assessing how the new administration’s first five months may reshape PFAS regulatory approaches

» Comparing strategies of Trump 2.0 to those of prior administrations and the implications for industry and enforcement 10:15

Breaking Down EPA's PFAS Roadmap: What It Means for You

These sessions reflect policies during the transition from the Biden-Harris administration to the Trump-Vance Administration. They will be updated over the next several months once more information on the New Administration’s plans becomes available.

10:45 A Guide to the Anticipated Federal Reporting Requirements under TSCA (Toxic Substances Control Act) and more EPA Oversight: EPCRA, SDWA

To allow manufacturers and affected entities more time to comply with the final reporting requirements, EPA moved the reporting deadline from May 2025 to July 2026 with an effective date of January 2026.

• Understanding EPA’s use of TSCA authority for PFAS testing and enforcement

» Assessing the implications for manufacturers

• Addressing PFAS reporting under the Emergency Planning and Community Right-to-Know Act, including the evolving TRI (Toxic Release Inventory) reporting thresholds and additional PFAS listings

» What strategies can facilities employ to ensure compliance with these evolving regulations?

» How are industries adapting to the expanded TRI reporting requirements for PFAS?

• Reviewing EPA’s newly imposed MCLs (Maximum Contaminant Levels) under the Safe Drinking Water Act (SDWA)

» Exploration of the implications for water utilities and public health protection

• Highlighting ‘New Use Rule’ developments that target future uses of PFAS

11:30

Where Are We Now? EPA’s Final CERCLA (Superfund) Hazardous Substances Designations for PFOA and PFOS

EPA’s recent developments in CERCLA designations, federal-state dynamics, and strategies for managing contamination and liability risks all set the stage for the overall PFAS Roadmap. Join our panelists as they look at potential changes under the current administration, and the challenges you could face in complying with these new designations.

• How does CERCLA liability impact industries, property owners, and municipalities?

• Analyzing the potential for litigation as parties navigate liability for remediation and natural resource damages

» Understanding how CERCLA listings enable EPA to mandate cleanup and cost recovery

» What do CERCLA designations mean for ongoing and future remediation efforts?

» Reviewing potential liabilities for manufacturers with detectable PFAS discharges during product use or production

• What are the implications of federal CERCLA designations or other PFAS rules being rolled back under a new administration?

• Reviewing how expanding PFAS definitions and lists influence site investigations and remediation strategies

12:45 Networking Luncheon

3:30 State-Level PFAS Bans Unveiled: Your Essential Guide to Navigating the Patchwork of PFAS Laws Across the Country

Imagine this: you're manufacturing, distributing, or selling products today, but tomorrow, you're in violation of a state’s PFAS law you didn’t see coming.

Many states have enacted or are in the process of enacting PFAS legislation. Additionally, there are various states rules and regulations with varying deadlines, and economic implications. If you operate in multiple jurisdictions or rely on products sold across state lines, you must be aware of this patchwork of state laws and requirement—or your bottom line will pay the price.

This session will provide an in-depth survey and analysis of PFAS legislation and developments in the following states to help you develop a compliance plan of attack.

• California’s (AB 1817)

» Prohibiting the manufacture, distribution, or sale of textiles with intentionally added PFAS starting January 1, 2025

• Washington’s (Safer Products for Washington Act)

» Restricting PFAS in consumer products, particularly textiles, to be implemented by 2025

• Maine’s (LD 1503)

» Requiring reporting of PFAS in products and phases out intentionally added PFAS in all products by January 1, 2030, unless deemed unavoidable

• Colorado’s (HB 22-1345)

» Ban on PFAS in consumer products such as carpets, furniture, and cosmetics starting January 1, 2025

• Oregon (Toxics-Free Kids Act)

» Anticipating PFAS restrictions aligned with Washington and California, emphasizing children’s products and environmental safety measures

• New York’s (S 8817A/A 4739C)

» Ban on PFAS in apparel and textiles effective January 1, 2025

• New Jersey’s

» Expanding stringent PFAS monitoring and adopting of drinking water standards under existing legislation

Gain practical insights into navigating PFAS challenges in complex transactions, including deal structuring and liability transfer. This panel will explore the latest trends in environmental due diligence, the impact of evolving PFAS regulations on the transactional process, and effective strategies for securing PFAS insurance coverage or risk mitigation when insurance isn’t an option.

• Explore how PFAS concerns are impacting mergers, acquisitions, and financing, particularly for cross-border and large-scale transactions

• The importance of environmental due diligence and assessing compliance liabilities, contaminated properties, and the potential costs of cleanup

• The emergence of PFAS-specific insurance policies: What’s available, and what steps companies must take to secure coverage

» Managing liability when insurance options are limited or unavailable

» Exploring alternative strategies to mitigate PFAS risks in the absence of adequate insurance coverage

• Taking the right steps to enhance insurability and reduce exposure to PFAS-related liabilities before closing a deal

• Understanding the critical role of ASTM (American Society for Testing and Materials) standards in guiding industries through regulatory compliance in environmental assessments

5:15

Day Two Friday, May 30, 2025

PFAS use in consumer products—such as food packaging, textiles, cosmetics, and children’s goods—continues to present significant compliance and litigation challenges for companies. This session will explore the wide-ranging implications of PFAS in these goods, focusing on evolving regulations, enforcement actions, and emerging trends.

• Addressing PFAS contamination in food packaging- a sector under scrutiny

» Reviewing FDA efforts to restrict its use in food contact materials

• Navigating stricter state-level restrictions on PFAS in consumer products and the impact on compliance strategies

• How does PFAS complicate compliance with EPR (Extended Producer Responsibility) frameworks?

» Particularly for products like food packaging and textiles that may unintentionally contain PFAS

• Considering global supply chain considerations and the challenges of managing PFAS in products manufactured abroad

» How can companies address gaps in their knowledge about PFAS presence in packaging or textiles?

• Managing variations in state PFAS testing standards, compliance deadlines, and enforcement penalties

This session will provide a comprehensive update on key trends in PFAS-related litigation, including groundbreaking cases, the expanding scope of liability, and new legal challenges tied to regulatory developments. Join our panelists, as they review this high-stakes environment and explain the broader implications for risk management and compliance.

• Overview of ongoing PFAS consumer class actions and product liability cases (non- AFFF)

» Identifying key outcomes from landmark PFAS cases and their implications for downstream users of PFAS

• What’s coming down the pike in PFAS litigation and how are these cases reshaping industry obligations?

» Biosolids and air emissions

» Medical monitoring claims

» Lawsuits targeting non-users for environmental contamination

• Reviewing third-party testing from a litigation perspective

• Examining successful defenses and whether preemption played a role

11:45 PFAS MDL Uncovered: Breaking News, Strategic Insights, and Industry Impacts

Join us for a case study on the evolving multidistrict litigation (MDL) landscape surrounding PFAS contamination and firefighting foam (AFFF). This session will explore settlement trends and the far-reaching impacts on various industries, from economic damage suits to complex personal injury claims.

• Updates on the AFFF MDL, including recent settlements and pending claims

» The progression from water utility cases to personal injury claims and the complexities of proving personal injury related to PFAS exposure

» Litigation in local jurisdictions and efforts to move cases into MDL

• Analyzing the strategic use of MDL by defense lawyers and its impact on the timeline and outcomes of litigation

• Examining the growing trend of economic damage cases as a precursor to more complex personal injury claims

12:45 Networking Luncheon

1:45 Industry Roundtable on PFAS Compliance: How are Companies Responding to Evolving PFAS Legal and Regulatory Landscape While Safeguarding Business Interests

In the ever-evolving regulatory landscape surrounding PFAS, companies are grappling with the complexities of managing a patchwork of state reporting requirements, prohibitions, and enforcement actions—often in the absence of cohesive federal guidelines. This panel brings together industry representatives to share practical insights, pain points, and strategies for navigating these competing regulatory demands.

• Federal vs. state dichotomy

» How are companies balancing state-specific mandates with federal regulatory frameworks?

• Highlighting strategies for managing reporting requirements, prohibitions, and water-related concerns while maintaining operational efficiency

• How do you weigh all competing interests, as a company and strive to make good business decisions?

2:30 International Outlook on PFAS: Contrasting Developments in Canada, the EU, and Beyond

With PFAS regulations advancing across the globe, understanding the latest developments in key jurisdictions is essential. This panel will provide an in-depth look at how Canada and the EU are shaping their approaches to reporting, restrictions, and enforcement. We’ll also explore emerging trends in Australia and New Zealand, shedding light on their initiatives and the potential implications for global compliance.

• A review of Canada’s approach to reporting requirements for PFAS substances

» Exploring the unique features of Canada’s regulatory framework, including its focus on 2023 data, finite substance lists, and obligations covering manufacturing, import, and use

» Is compliance more straightforward than in other regions?

» How are Canadian authorities handling exemption requests or extension requests, and how do the penalties compare to U.S?

• Updates on the EU’s progress toward banning PFAS substances as per ECHA (European Chemicals Agency)’s proposal, regulatory timelines, and how these efforts align with global initiatives

• Insights into emerging PFAS regulations in the Asia-Pacific (particularly Australia and New Zealand) region and their implications for international supply chains

• Highlighting the challenges and opportunities in aligning regulatory frameworks and industry compliance efforts across jurisdictions

3:30 Co-Chairs Closing Remarks and Recap of Day Two

Upcoming Events

March 27–28, 2025

HANDSHAKE Global Sponsorship Opportunities

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Don’t miss the opportunity to maximize participation or showcase your organizations services and talent. For more information, please contact:

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a.goldstein@americanconference.com

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For over 40 years, C5 Group has provided the opportunities that bring together business leaders, professionals and international experts from around the world to learn, meet, network and make the contacts that create the opportunities. Our conferences and related products connect the power of people with the power of information, a powerful combination for business growth and success.

Embassy Suites by Hilton Chicago

ACCOMMODATIONS

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote “ACI May II 2025“.

Sofitel New York 45 West 44th Street New York, NY 10036 Phone: 212-782-3021 or 212-782-3015

Please note that the guest room block cut-off date is April 28, 2025. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

Register and pay to lock in your early rate and be eligible for a full refund until May 16, 2025. If you are unable to attend for any reason, you will have the following options: y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@AmericanConference.com by May 16, 2025.