Per- and polyfluoroalkyl substances (PFAS) have become a focal point of regulatory, environmental, and public concern across the UK. Recent developments, including the investigation into potential PFAS contamination at Thornton‑Cleveleys, Lancashire, highlight the scale and complexity of the challenge. So widespread has been the use of PFAS in industry, that estimates suggest there could be between 2,900 and 10,200 high risk PFAS sites in the UK.
This note builds on our earlier article about the impact on industry of the recent introduction of the Government’s PFAS plan and sets out practical guidance for in‑house legal teams concerned about potential PFAS contamination on their organisation’s land, including regulatory response, private claims, corporate governance, and long‑term risk management.
Understanding the PFAS challenge
PFAS are currently regulated in the UK by a patchwork of different regimes, and organisations may find themselves navigating overlapping frameworks, including the Environmental Protection Act 1990 (particularly Part 2A), waste classification rules and product safety requirements. PFAS may be highly mobile in the environment, able to accumulate in soils, plants and animals, and persistent (in some cases, taking thousands of years to break down). Some PFAS are also linked to serious health conditions (including certain types of cancer, lower immunity and developmental issues in children).
As a first step, therefore, in‑house lawyers need to recognise that PFAS issues combine regulatory and technical complexity - a mix that requires early legal involvement and careful planning.
Immediate actions when PFAS contamination is suspected
Once PFAS contamination is suspected, general counsel should initiate an urgent but structured response. Internal records should be reviewed as a matter of priority, including chemical inventories, production processes, historical operational data, and environmental audits. Sites with legacy industrial activity will require the closest scrutiny.
At the same time, suitably experienced technical consultants should be engaged to conduct a preliminary risk assessment. This may involve a desk‑based review followed by targeted soil, water, or air sampling. It is important to understand receptor pathways, especially the proximity of PFAS sources to residential areas, allotments and community spaces.
It is critical to establish a multidisciplinary internal team, with in‑house counsel at its core. This enables the organisation to maintain legal privilege over sensitive investigations while coordinating environmental, technical, and communications functions.
Responding effectively to regulatory investigations
If regulators make contact, proactive engagement is essential. PFAS cases rarely involve a single authority and organisations may face multi-agency requests for data, site access, historic records, and environmental testing.
General Counsel should ensure that all responses are accurate, clear and documented. Early legal involvement helps to avoid accidental disclosure and ensure that privileged materials remain protected. If a Part 2A determination is being considered, specialist environmental lawyers should be instructed to scrutinize the methodology used to assess “significant harm” and “significant possibility of significant harm,” particularly given the evolving technical standards around PFAS.
Preparing for claims by local residents
There is a growing interest among claimant law firms in PFAS contamination, which signals a potential increase in private actions, including for diminution in property value and possible personal injury.
In‑house teams should ensure that all relevant documents are retained and preserved. Insurance policies should be reviewed, bearing in mind that many historic policies contain pollution exclusions that may or may not apply to PFAS depending on their wording. Organisations should also consider commissioning early expert reports to understand potential exposure pathways and toxicological risks.
Local community relations play a vital role. Clear, consistent, and measured communication can mitigate suspicion and reduce speculation. In‑house lawyers should work closely with communications teams to ensure messages don't compromise the organisation’s position but are sensitive to community concerns.
Managing reputational, ESG, and stakeholder risks
PFAS contamination risk extends beyond regulatory enforcement and litigation. It can trigger scrutiny from investors, lenders, customers, and employees. Boards increasingly expect general counsel to frame environmental risks within broader ESG and governance structures.
Regular reporting to the board is essential. Directors must be briefed on regulatory developments, potential liabilities, and reputational risks. Investors may seek clarity on how PFAS may affect land valuations, operational continuity, or future regulatory compliance.
Contractual and supply chain considerations
PFAS liability rarely occurs in isolation. In‑house lawyers should review historic and current contracts with suppliers, waste contractors, and distributors. Many PFAS risks arise from waste disposal or treatment routes, meaning that waste‑handling contracts must be examined for indemnities, warranties, and liability caps.
Future contracts should include strengthened environmental provisions addressing PFAS, including responsibilities for testing, treatment, and disposal. Organisations should also require that upstream suppliers declare PFAS content in their products and explore whether substitution of PFAS‑containing materials is feasible.
Strengthening long‑term governance
Given that PFAS issues are likely to be present for decades (or even centuries or millennia!), long‑term risk management is essential. Organisations should embed PFAS considerations into environmental compliance programmes, product development cycles, and corporate governance structures.
This highlights the increasing importance of a well-informed sustainability strategy that integrates the requirements of environmental law. Training programmes should be created to raise awareness internally, particularly amongst manufacturing, procurement, and product teams.
Preparing for future legislation
The recent publication of the Government’s PFAS plan illustrates that PFAS regulation is evolving. New requirements, such as reporting obligations, discharge limits, or PFAS phase‑out frameworks, are possible or even likely. In‑house legal teams should monitor developments closely and prepare compliance roadmaps.
Scenario planning exercises can help organisations test resilience to regulatory, operational, and reputational shocks. Simulating a sudden detection event, press investigation, regulatory inspection, or civil claim may help expose weaknesses in the organisation’s preparedness.
Final thoughts
PFAS contamination presents one of the most complex environmental challenges facing UK industry. For General Counsel and in‑house lawyers, the key is to act early, coordinate effectively, and plan for the long term. By taking a proactive, structured approach, legal teams can protect their organisation’s legal position while contributing to responsible environmental management.
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