# Resource Management PFAS Liability Protection Act of 2023

This bill protects companies and organizations from being sued for contamination caused by PFAS chemicals—a group of human-made substances found in many everyday products like non-stick cookware, water-resistant clothing, and firefighting foam. PFAS stands for "per- and polyfluoroalkyl substances," and these chemicals have been detected in drinking water supplies across the country. The bill specifically shields entities involved in resource management activities from legal liability if PFAS contamination occurs during their operations.

The practical effect is that if a company or government agency is managing land or resources and PFAS chemicals end up contaminating groundwater or soil, they generally cannot be held responsible in lawsuits for the damage. This applies even if the contamination harms people's health or makes their water unsafe to drink. The protection extends to situations where PFAS might have come from products used during resource management work, such as firefighting foam used at airports or military bases, or protective equipment used by workers.

This creates a significant advantage for businesses and organizations that might otherwise face expensive lawsuits from affected communities or individuals. However, it also means that people harmed by PFAS contamination may have fewer legal options to recover damages or force cleanup efforts. Environmental groups and public health advocates have expressed concern that such protections could reduce incentives for companies to prevent PFAS contamination in the first place or to clean it up once it occurs. The bill essentially shifts the burden of dealing with PFAS pollution away from the responsible parties and potentially onto taxpayers or affected individuals.

Resource Management PFAS Liability Protection Act of 2023

Lummis, Cynthia M.

Resource Management PFAS Liability Protection Act of 2023 This bill exempts the owner or operator of a solid waste management facility or a facility that processes compost for sale or distribution to the public from liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) for releases of certain perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. Specifically, such exemption only applies if the release of a PFAS resulted from (1) the disposal or management of any residuals or byproduct of municipal solid waste in accordance with a permit, (2) the disposal or management of biosolids consistent with the Federal Water Pollution Control Act, or (3) the application or processing of compost in accordance with state law. Liability for damages or costs associated with the release of certain PFAS must not be precluded if an entity acted with gross negligence or willful misconduct.