The EPA’s New PFAS Safe Drinking Water Rule with John Gardella

Concepts: Environmental Law, PFAS, EPA, Environmental Protection Agency, PFAS Litigation, Toxic Torts

Once again we dive into one of the hottest topics in environmental law right now: PFAS.  Specifically, our guest talks about the EPA’s new PFAS Safe Drinking Water Final Rule, which mandates acceptable levels of PFAS in public water systems.

This episode is based on a CLE webinar our guest recorded for HB Litigation a couple months back. Since then, if you’ve been following PFAS developments, you know pushback on the rule is coming from several directions, as our guest predicted. Industry groups, chemical manufacturers, and water utilities alike are challenging the rule as, among other things, arbitrary and capricious and exceeding the EPA’s authority. Water utilities are especially concerned about compliance costs.

On the technical side, there is debate over whether current technology can even reliably detect PFAS at the levels EPA seeks. Also raised are the complexities associated with increased monitoring and lab testing.

Our guest is John P. Gardella, whose 2024 CLE webinar on the subject explored the PFAS litigation landscape, from multidistrict and class action lawsuits to medical monitoring and greenwashing claims. He talks about federal and state regulations that are driving litigation, and offers an outlook for what may be in store in the next few years.

A leading voice in PFAS litigation and recognized thought leader, John is a Shareholder at CMBG3 Law, known for his expertise in environmental and toxic tort litigation. A veteran of more than 75 trials, John chairs the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups.

This episode comprises audio from John's excellent webinar. If you are interested in the CLE version of the episode, look for it on the West LegalEdcenter. Go to our page to learn more and to use our partner link.

I hope you enjoy the conversation! If so, give us a rating!

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court PressLaw Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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John Gardella
John GardellaCMBG3 Law
John Gardella is a Shareholder and recognized thought leader on PFAS issues. He is licensed to practice in Massachusetts and Tennessee.

A seasoned trial attorney with over 75 verdicts, John is the Chair of the firm’s PFAS, Environmental, Risk Management & Consulting, and ESG practice groups. His thought leadership and predictive risk abilities with respect to PFAS earned him the honor of being the only person in the country that was recognized as a thought leader on PFAS in 2020 and 2021 by the esteemed National Law Review.

John is regularly interviewed by media on the subject of PFAS and other emerging chemicals of concern, and he consistently publishes his own thought leadership in several nationally syndicated resources, including Bloomberg Law, AM Best, and National Law Review. Private equity firms, the financial world, insurance companies, and corporations regularly seek John’s opinions on forward-looking environmental and chemical substances risk issues.

In his environmental and toxic torts practice, John represents companies ranging in size from small mom-and-pop businesses to Fortune 100 and Fortune 500 companies. Companies seek John’s expertise on matters ranging from compliance planning and audits to litigation of pending cases.

John earned his J.D. from Vanderbilt University Law School.