In Part 3 of Enviro InSSites, regulatory specialists Emma Reilly and Ian Anderson provide a summary of potential future regulatory considerations for businesses concerning per- and poly-fluoroalkyl substances (PFAS, also known as forever chemicals).

PFAS is a group of around 14,000 chemicals which are grouped together due to common features in their chemistry. They are known as forever chemicals as they do not degrade, break down or dissipate. Some PFAS have been proven to impact human health and the environment, some are not harmful and others have not yet been studied sufficiently.

Why do we care about PFAS now?

PFAS has been in the news mainly due to significant human health and environmental concerns at multiple sites in the UK, most notably at Thornton-Cleveleys and Bentham. The contamination has been linked to emissions from local businesses.

Some PFAS are already regulated, most notably through their prohibition as Persistent Organic Pollutants (POPs) and restrictions under the UK’s Registration, Evaluation, Authorisation and Restriction of Chemicals Regulation (UK REACH).

The Government issued a PFAS Plan in 2026, which has three key focus areas:

• Understanding the sources of PFAS
• Preventing PFAS from these sources
• Reducing and managing ongoing exposure to PFAS

The House of Commons’ Environmental Audit Committee (EAC) concluded that the Plan was insufficient and recommended the UK Government take urgent preventative and precautionary measures. In its response to the EAC, the UK Government did not commit to escalating its timeline and it appears that its PFAS policy may be led by developments in the EU.

What may happen?

We cannot predict the precise changes that will be introduced, but it is highly likely that at some point:

• Landowners will be required to remove dangerous PFAS from land where it is present. Clean-up costs are likely to be significant due to the challenges presented by PFAS;
• Producers of PFAS or products containing PFAS will have to reduce their use of certain substances or the entire family;
• Waste companies and water companies will need to consider how to manage, test, remediate and destroy all dangerous PFAS in waste and sewage;
• Food manufacturers may have to limit PFAS in food, manufacturing and agriculture; and
• Owners of high-risk areas may be subject to litigation by third parties whose land becomes contaminated by PFAS.

We recommend businesses review their supply chains and property portfolios for risk of PFAS. Companies should note that:

• The Government’s proposed approach is different to that of the EU and the US, which will need to be borne in mind when importing or exporting;
• Transactions that seek to allocate environmental liabilities could include PFAS liability;
• Development costs may increase with associated delays for certain land types; and
• A number of insurance policies may become more expensive or harder to obtain.

Should businesses need any legal advice concerning PFAS, we’re here to help. Please get in touch with Emma Reilly at EmmaReilly@schofieldsweeney.co.uk or Ian Anderson at IanAnderson@schofieldsweeney.co.uk.