PFAS Accountability Act of 2024

The PFAS Accountability Act of 2024 amends the Toxic Substances Control Act to create a federal legal claim and remedy for individuals significantly exposed to per- and polyfluoroalkyl substances (PFAS), aiming to encourage research and accountability for their irresponsible discharge.

Sec. 4, Cause of action and remedies: This section adds a new section 25 to the Toxic Substances Control Act. It defines PFAS as a substance with at least one fully fluorinated carbon atom. It creates a federal cause of action allowing an individual significantly exposed to PFAS, or with reasonable grounds to suspect such exposure, to sue in federal court for legal and equitable relief against any person who engaged in any part of a manufacturing process that created the PFAS and foresaw or should have foreseen human exposure. Courts may award medical monitoring if the individual was significantly exposed, has an increased risk of a PFAS-associated disease, has a reasonable basis for periodic diagnostic exams different from usual, and those exams are effective. A presumption of significant exposure can be established by showing the defendant created the PFAS and released it where the individual was exposed for at least one year, or by offering test results showing PFAS in the individual's body. In class actions, this presumption is established for the class by similar evidence for a representative portion. A defendant can rebut the presumption for individuals without test results by providing independent testing at their own cost. If toxicological data is insufficient to determine increased risk, a court may lower the scientific proof standard and order new studies. This section does not preempt state law claims or remedies.