www.bclplaw.com Open in urlscan Pro
2606:4700:10::ac43:a2c  Public Scan

Form analysis
1 forms found in the DOM

GET /en-US/search.html

<form method="get" action="/en-US/search.html" class="searchbox__search-form searchbox__search-form--  js-search-form" autocomplete="off" role="search">
  <div class="searchbox__wrapper  searchbox__wrapper-- js-searchbox__wrapper">
    <button class="icon-search searchbox__search-icon  js-searchbox__search-icon" aria-label="Search" type="submit"></button>
    <div class="searchbox__applied-search-terms js-searchbox__applied-search-terms">
      <input role="searchbox" aria-controls="searchbox-autocomplete-result-container" aria-multiline="false" aria-autocomplete="list" class="searchbox__input  js-searchbox__input" placeholder="What are you searching for?"
        data-placeholder="What are you searching for?" name="q" aria-labelledby="searchbox">
    </div>
  </div>
  <div class="autocomplete">
    <ul role="listbox" aria-label="Autocomplete Search Results" class="autocomplete__results js-autocomplete__results hidden-autocomplete__results" id="searchbox-autocomplete-result-container">
    </ul>
  </div>
</form>

Text Content

COOKIES ON BRYAN CAVE LEIGHTON PAISNER

We use necessary cookies to make sure our site works. We would also like to use
analytics and behavioural cookies (“Optional Cookies”) to enhance your
experience by giving us insights into how our site is used; and showing you (and
where you are known to us, sending you) content we think you would be interested
in. We won’t use Optional Cookies unless you Accept All cookies or Select them
below (we will use a cookie to save your choice). You can read More information
below, change your preferences at anytime and edit your cookie preferences
through our Cookies Notice.
[#OOI_PERSONAL_INFORMATION#]
Necessary only Allow all and close More information
OK
Necessary only Selected cookies Accept all
Necessary
Preferences
Analytics
Behavioural
More information
Cookie declaration [#IABV2SETTINGS#] About
 Necessary (13)  Preferences (0)  Analytics (17)  Behavioural (16)  Unclassified
(0)
Necessary cookies enable core functionality such as security, highlighting page
errors, network management, and accessibility. You may disable these by changing
your browser settings, but this may affect how the website functions.

NameProviderPurposeExpiryTypecf_chl_1www.bclplaw.comThis cookie is a part of the
services provided by Cloudflare - Including load-balancing, deliverance of
website content and serving DNS connection for website operators. 1
dayHTTPcf_chl_progwww.bclplaw.comThis cookie is used to distinguish between
humans and bots. 1 dayHTTPcf_chl_seq_#www.bclplaw.comThis cookie is used to
distinguish between humans and bots. SessionHTTPcf_use_obwww.bclplaw.comUsed to
detect if the website is inaccessible, in case of maintenance of content updates
- The cookie allows the website to present the visitor with a notice on the
issue in question.1 dayHTTPCookieConsentCookiebotStores the user's cookie
consent state for the current domain1 yearHTTPmyBinderCookiebclplaw.comUsed to
enable the use of a Binder that you have requested on the site1
dayHTTPoriginwww.bclplaw.comTo personalise content you see on
www.bclplaw.comSessionHTTPsearchwww.bclplaw.comEnables use of the search
functionSessionHTMLuseCookieswww.bclplaw.comUsed to remember your cookie
preferences1 yearHTTPAWSELBSiteimproveUsed to distribute traffic to the website
on several servers in order to optimise response
times.SessionHTTPAWSELBCORSSiteimproveRegisters which server-cluster is serving
the visitor. This is used in context with load balancing, in order to optimize
user experience. SessionHTTP__cf_bm [x2]Hubspot
MonotypeThis cookie is used to distinguish between humans and bots. This is
beneficial for the website, in order to make valid reports on the use of their
website.1 dayHTTP

Preference cookies enable a website to remember information that changes the way
the website behaves or looks, like your preferred language or the region that
you are in.

We do not use cookies of this type.

We’d like to set analytics cookies (including those provided by third parties)
to help improve our website by collecting and reporting information on how the
Website is used. These cookies record your IP address, your web browser details
and related information (such as your company name and industry where relevant
and this is identifiable from your IP address) – and the data is not anonymous.
Where such data is collected by Google Analytics, it may be: (i) processed (and
combined with other data about you held) by Google in the US for its own
purposes; and (ii) accessible to US government authorities.       

NameProviderPurposeExpiryType_gaCookiebotRegisters a unique ID that is used to
generate statistical data on how the visitor uses the website.2
yearsHTTP_ga_#CookiebotUsed by Google Analytics to collect data on the number of
times a user has visited the website as well as dates for the first and most
recent visit. 2 yearsHTTP_gatGoogleUsed by Google Analytics to throttle request
rate1 dayHTTP_gidGoogleRegisters a unique ID that is used to generate
statistical data on how the visitor uses the website.1
dayHTTP_pk_id#www.bclplaw.comCollects statistics on the user's visits to the
website, such as the number of visits, average time spent on the website and
what pages have been read.1 yearHTTP_pk_ses#www.bclplaw.comUsed by Piwik
Analytics Platform to track page requests from the visitor during the session.1
dayHTTPHistory.storewww.bclplaw.comContains an visitor ID - This is used to
track visitors' navigation and interaction on the website for internal
website-optimization. SessionHTMLloglevelWistiaCollects data on visitor
interaction with the website's video-content - This data is used to make the
website's video-content more relevant towards the visitor.
PersistentHTMLnmstatSiteimproveThis cookie contains an ID string on the current
session. This contains non-personal information on what subpages the visitor
enters – this information is used to optimize the visitor's experience.999
daysHTTPundefinedWistiaCollects data on visitor interaction with the website's
video-content - This data is used to make the website's video-content more
relevant towards the visitor. PersistentHTMLwistiaWistiaUsed by the website to
track the visitor's use of video-content - The cookie roots from Wistia, which
provides video-software to
websites.PersistentHTMLwistia-video-progress-#WistiaContains a timestamp for the
website’s video-content. This allows the user to resume watching without having
to start over, if the user leaves the video or website.
PersistentHTMLbclplaw.vuturevx.com_VxSessionIdbclplaw.vuturevx.comPendingSessionHTTPintEmailHistoryIdbclplaw.vuturevx.comPending1
yearHTTPsecurity/tracker.gifbclplaw.vuturevx.comPendingSessionPixelimage.aspxSiteimproveRegisters
statistical data on users' behaviour on the website. Used for internal analytics
by the website operator. SessionPixelcollectGoogleUsed to send data to Google
Analytics about the visitor's device and behavior. Tracks the visitor across
devices and marketing channels.SessionPixel

Behavioural cookies use third party tools (including Google) to show you
personalised content (i.e. reports, articles and lawyer profiles that you might
be interested in). If you do not allow behavioural cookies, you will still see
reports, articles, and lawyers’ profiles on our website, but this content will
not be personalised.   Where you have filled out a form on our website (e.g. to
subscribe to our blogs and legal updates), we will keep a record of the content
on our website that you have clicked on/downloaded, and use that information to
email you blogs and legal updates which we have identified as relevant to your
interests.   

NameProviderPurposeExpiryType__hsscjs.hs-banner.comCollects statistical data
related to the user's website visits, such as the number of visits, average time
spent on the website and what pages have been loaded. The purpose is to segment
the website's users according to factors such as demographics and geographical
location, in order to enable media and marketing agencies to structure and
understand their target groups to enable customised online advertising.1
dayHTTP__hssrcjs.hs-banner.comCollects statistical data related to the user's
website visits, such as the number of visits, average time spent on the website
and what pages have been loaded. The purpose is to segment the website's users
according to factors such as demographics and geographical location, in order to
enable media and marketing agencies to structure and understand their target
groups to enable customised online
advertising.SessionHTTP__hstcjs.hs-banner.comCollects statistical data related
to the user's website visits, such as the number of visits, average time spent
on the website and what pages have been loaded. The purpose is to segment the
website's users according to factors such as demographics and geographical
location, in order to enable media and marketing agencies to structure and
understand their target groups to enable customised online advertising.179
daysHTTPcdn-cgi/images/trace/managed/js/transparent.gifwww.bclplaw.comCollects
information on user preferences and/or interaction with web-campaign content -
This is used on CRM-campaign-platform used by website owners for promoting
events or products.SessionPixelhubspotutkjs.hs-banner.comKeeps track of a
visitor's identity. This cookie is passed to the marketing platform HubSpot on
form submission and used when de-duplicating contacts.179
daysHTTP__ptq.gifHubspotSends data to the marketing platform Hubspot about the
visitor's device and behaviour. Tracks the visitor across devices and marketing
channels.SessionPixelVISITOR_INFO1_LIVEYouTubeTries to estimate the users'
bandwidth on pages with integrated YouTube videos.179
daysHTTPYSCYouTubeRegisters a unique ID to keep statistics of what videos from
YouTube the user has seen.SessionHTTPytidb::LAST_RESULT_ENTRY_KEYYouTubeStores
the user's video player preferences using embedded YouTube
videoPersistentHTMLyt-remote-cast-availableYouTubeStores the user's video player
preferences using embedded YouTube
videoSessionHTMLyt-remote-cast-installedYouTubeStores the user's video player
preferences using embedded YouTube
videoSessionHTMLyt-remote-connected-devicesYouTubeStores the user's video player
preferences using embedded YouTube
videoPersistentHTMLyt-remote-device-idYouTubeStores the user's video player
preferences using embedded YouTube
videoPersistentHTMLyt-remote-fast-check-periodYouTubeStores the user's video
player preferences using embedded YouTube
videoSessionHTMLyt-remote-session-appYouTubeStores the user's video player
preferences using embedded YouTube
videoSessionHTMLyt-remote-session-nameYouTubeStores the user's video player
preferences using embedded YouTube videoSessionHTML

Unclassified cookies are cookies that we are in the process of classifying,
together with the providers of individual cookies.

We do not use cookies of this type.

 [#IABV2_LABEL_PURPOSES#]  [#IABV2_LABEL_FEATURES#]  [#IABV2_LABEL_PARTNERS#]
[#IABV2_BODY_PURPOSES#]
[#IABV2_BODY_FEATURES#]
[#IABV2_BODY_PARTNERS#]
Cookies are small text files that can be used by websites to make a user's
experience more efficient.

The law states that we can store cookies on your device if they are strictly
necessary for the operation of this site. For all other types of cookies we need
your permission.

This site uses different types of cookies. Some cookies are placed by third
party services that appear on our pages.

You can at any time change or withdraw your consent from the Cookie Declaration
on our website.

Learn more about who we are, how you can contact us and how we process personal
data in our Privacy Policy.

Please state your consent ID and date when you contact us regarding your
consent.
Cookie declaration last updated on 9/8/22 by Cookiebot

Skip Repeated Content
 * People
 * Practices
 * Sectors
 * Locations
 * 


Back to Search Results
 * People
 * Practices
 * Sectors
 * Locations

 * About
 * Insights
 * News & Events
 * Blogs
 * Innovation
 * Careers
 * Home
 * Stay Informed


 * About
 * Insights
 * News & Events
 * Blogs
 * Innovation
 * Careers
 * Home
 * Stay Informed





PFAS AND YOUR BUSINESS: IDENTIFYING AND INVESTIGATING PFAS IMPACTS

September 15, 2022
 * Binder Icon
   Add to Binder Remove Selection
 * Save Icon
   Print/Save
 * Share Icon
   Share
    * EMAIL
      
    * * Twitter
      * Facebook
      * LinkedIn

 * Meet the Team Icon
   Meet the Team

 * Binder Icon
   Add to Binder Remove Selection
 * Save Icon
   Print/Save
 * Share Icon
   Share
    * EMAIL
      
    * * Twitter
      * Facebook
      * LinkedIn


AUTHORS/PRESENTERS MEET THE TEAM

 * Thomas S. Lee
   Partner
   San Francisco
   tom.lee@bclplaw.com tom.lee@bclplaw.com
 * John R. Kindschuh
   Attorney
   St. Louis
   john.kindschuh@bclplaw.com john.kindschuh@bclplaw.com

1
2
Meet the Team
Arrow



SUMMARY



Most businesses understand the need to conduct environmental due diligence when
buying or selling real estate, but many businesses may not have a good
understanding of how to investigate and mitigate the potential risk posed by the
presence of PFAS compounds.  EPA is expected to add certain PFAS compounds to
the list of “Hazardous Substances” under CERCLA later this year, and there are
state and federal investigations into PFAS impacts at sites going on across the
country, so businesses should begin to evaluate their potential interaction with
these chemicals.



The following presents a discussion of some methods and concepts that, if
applied correctly, can reduce the risk that future PFAS regulation will
undermine the work that organizations are executing in response to the items
described in EPA’s PFAS Strategic Roadmap.  We also provide information
regarding the necessary background regarding due diligence procedures for PFAS
substances.

I. Due Diligence Considerations

Presently, an evaluation of potential PFAS impacts is not required in order to
satisfy the All Appropriate Inquiries Standard (“AAI”) under CERCLA and state
equivalents. 

However, once EPA has listed PFOA, PFOS, and any other PFAS compounds as
“Hazardous Substances” under CERCLA, those compounds are within scope of AAI and
must be considered going forward.  In anticipation of these changes, PFOA and
PFOS (at a minimum) should be evaluated as part of a company’s due diligence
when purchasing property.

II. Conceptual Site Model Development

Once a site is classified as “impacted” by PFAS, developing a robust conceptual
site model (“CSM”) is a critical next step.  This CSM provides a strategic
framework to guide future decisions regarding the management of the site,
support stakeholder interactions, and inform the design of future remedial
actions if required at a later date.  Given the importance of the CSM to the
overall response process and the propensity for PFAS to migrate in the
environment, the CSM should identify the following:

 * Historical uses of the site that may have resulted in PFAS releases;
 * Detailed evaluation and interpretation of site hydrogeology and hydrology
   influencing PFAS migration;
 * Historical remedial efforts performed in the vicinity of the PFAS plume;
 * Available PFAS data from the site and any adjacent sites;
 * Potential and identified regional sources of PFAS to the environment;
 * Ecological and human health receptors; and
 * Nearby property ownership and use.

In today’s data-rich environment, much of the information needed to create a CSM
is available through previous environmental investigations conducted at or near
the site, regional databases, and other sources.  Leveraging this existing data
by conducting desktop reviews using advanced interpretation methods at the
beginning of an investigation planning effort provides opportunities to target
the investigation, thereby reducing cost and generating data that supports a
well-informed strategy designed to achieve the most favorable outcome possible. 

As EPA implements the TSCA data gathering rule, the volume of PFAS-related
information available to support CSM development, investigation and response
action planning will increase exponentially.  For additional information
regarding the TSCA data gathering rule, please refer to BCLP’s previous Client
Alert.

When used to its full potential, this data will help organizations chart a
course toward compliance and risk mitigation prior to generating new data.  For
example, a clear presentation of regional PFAS impacts and potential sources to
the environment can be valuable in planning site-specific data collection
efforts and communicating risks to internal stakeholders.  This information will
also be valuable in evaluating historic and ongoing PFAS impacts during the due
diligence process.

Summarizing and converting the information described above into a consumable
format may seem like a daunting task; however, new technologies are being
employed to evolve from conventional “written” or “static” CSMs to dynamic CSMs
hosted on a digital platform.  This allows for the efficient use of existing and
new datasets as projects are implemented. 

III. Digital Site Management Tool

Burns & McDonnell has developed a Digital Site Management Tool (“DSMT”) to
develop CSMs to support some of the nation’s most complex PFAS sites.  This
web-based tool allows users to seamlessly view disparate PFAS datasets and
hydrogeologic data across space and time to make real-time interpretations,
identify trends that are indicative of PFAS sources and transport routes,
understand the specific processes affecting PFAS fate and transport in the
environment, and determine potential exposure scenarios. 

For example, Burns & McDonnell’s team of stratigraphers has identified specific
hydrostratigraphic units at complex PFAS sites that function as barriers and
conduits to groundwater migration and therefore guide the transport of PFAS in
the environment.  Once identified, these units became the focus of data
collection and their orientation informed the placement of the monitoring well
network. 

By relying heavily on the subsurface lithology, the results of the site
investigation and the foundation of the CSM provide interpretations about
contaminant fate and transport that can be easily repurposed to make
interpretations or predictions about the distribution of additional PFAS should
they become regulated at future date.  This interpretation is captured within
the DSMT and becomes part of the living CSM that evolves along with an
organization’s response to PFAS.  The DSMT serves as a data management system
with maps and dashboard reporting capabilities that can be used to support
technical discussions and decision making as well as stakeholder interactions
regarding this complex subject.

IV. Conclusion

Once potential PFAS impacts have been identified, investigating and
characterizing those impacts is essential.  Organizing and managing that
information in a real-time, digital format provides greater flexibility and the
ability to more effectively manage future discussions with regulatory agencies,
investors, insurance providers, and other key stakeholders. Businesses should
evaluate and implement a site modeling plan and dynamic platform that will adapt
with their long-term business needs.

If you would like additional information regarding the PFAS Strategic Roadmap,
or if you would like assistance in evaluating PFAS substances in any capacity,
please contact Tom Lee and John Kindschuh at BCLP or Brian Hoye and John
Hesemann at Burns & McDonnell. 


RELATED PRACTICES

Environment
Arrow
PFAS Team
Arrow
 * Binder Icon
   Add to Binder Remove Selection
 * Save Icon
   Print/Save
 * Share Icon
   Share
    * EMAIL
      
    * * Twitter
      * Facebook
      * LinkedIn

 * 


AUTHORS/PRESENTERS MEET THE TEAM

 * Thomas S. Lee
   Partner
   San Francisco
   tom.lee@bclplaw.com tom.lee@bclplaw.com
 * John R. Kindschuh
   Attorney
   St. Louis
   john.kindschuh@bclplaw.com john.kindschuh@bclplaw.com

1
2
Meet the Team
Arrow


This document provides a general summary and is for information/educational
purposes only. It is not intended to be comprehensive, nor does it constitute
legal advice. Specific legal advice should always be sought before taking or
refraining from taking any action.

Previous search result

0
+
Add To Binder
Next search result

Go to My Binder Remove Selection
LinkedIn Twitter Facebook
 * RSS
 * Legal Notices
 * Privacy Notice
 * Cookies Policy
 * Modern Slavery Act
 * Contact Us
 * Stay Informed
 * My Binder

© 2022 Bryan Cave Leighton Paisner LLP