Georgia Moves to Shield Companies from PFAS Lawsuits: What’s at Stake?

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Georgia’s House Bill 211, also known as the PFAS Receiver Shield Act, aims to protect businesses that handle per- and polyfluoroalkyl substances (PFAS) from lawsuits. If passed, the bill will grant legal immunity to companies that use, receive, or dispose of PFAS-containing products, shifting liability away from businesses and potentially limiting legal options for those impacted by PFAS contamination.

What the Bill Proposes

HB 211 amends Title 51 of Georgia’s tort laws, introducing broad legal protections for entities that purchase, apply, or dispose of PFAS but do not manufacture them. Key provisions include:

  • Immunity from lawsuits for PFAS receivers, shielding companies from liability related to exposure claims.
  • Protection for businesses across multiple industries, including manufacturing, agriculture, and waste management.
  • Exceptions for state enforcement, allowing the Georgia Environmental Protection Division (EPD) to regulate PFAS violations starting January 1, 2024.

Impact on Businesses

For businesses, the bill provides legal certainty and reduces litigation risks associated with PFAS use. Companies handling PFAS-containing materials in manufacturing, construction, and industrial applications would no longer face direct liability for contamination claims, potentially lowering insurance costs and regulatory burdens.

However, companies could still be subject to federal enforcement as the EPA continues to expand PFAS regulations under the Safe Drinking Water Act and potential Superfund designations. This means that while state law may shield businesses from lawsuits, federal actions could still hold them accountable.

Concerns for Public Health and the Environment

The bill’s broad liability protections have raised concerns among environmental advocates and affected communities. Critics argue that shielding businesses from lawsuits could weaken accountability for PFAS contamination in drinking water and soil.

Under the proposed law, residents facing health risks due to PFAS exposure may have limited legal options unless the EPD intervenes. PFAS, often referred to as “forever chemicals," are linked to cancer, immune system disorders, and other health risks, making their presence in local water supplies a growing concern.

What Comes Next?

If signed into law, HB 211 would align Georgia with other states offering business-friendly PFAS policies, potentially limiting liability for industries but also creating regulatory conflicts with federal agencies. Legal challenges from environmental groups or affected residents may follow, questioning the bill’s impact on public health protections.

While businesses may see immediate benefits, the long-term environmental and public health consequences remain uncertain. As PFAS regulations tighten at the federal level, Georgia companies may need to navigate conflicting legal frameworks, ensuring compliance beyond state protections.

Environment + Energy Leader