Legal Opinion on PFAS by Lorenz Lehmann

We are pleased that the Federal Office for the Environment (BAFU) yesterday approved the report prepared by Lorenz Lehmann Expert Opinion «Sites Contaminated with PFAS Firefighting Foams: Expert Opinion on Selected Legal Issues Related to Cost Allocation» has been published.

Firefighting foams containing PFAS have caused contamination at numerous sites in Switzerland. As the investigation and remediation of such sites increase, complex legal questions are also arising with regard to who bears the costs under Article 32d of the Environmental Protection Act (USG).

The expert opinion helps clarify these legal issues by examining, on behalf of the FOEN, in particular which parties may be considered responsible for the contamination at sites affected by PFAS-containing firefighting foams, how the shares of responsibility should be determined, and to what extent there is discretion for the cantonal authorities.

Ecosens’ Environmental and Climate Law practice also advises various clients on cost-allocation proceedings involving PFAS-contaminated sites. We would be happy to support you with our expertise as well!