EPA’s New PFAS Listings Raise Enforcement, Litigation Risks

On May 18, the U.S. Environmental Protection Agency added five per- and polyfluoroalkyl substances, or PFAS, to a list of risk-based values for regional screening and removal management levels. This action comes as several states are gearing up their own efforts to regulate PFAS, and are conducting PFAS site investigations without clear federal guidance or…

Contamination at Firefighting Test Site Spurs Lawsuit

Johnson Controls Inc. and Tyco Fire Products LP are being sued by the Wisconsin attorney general for violations of the state’s hazardous-substance spills law, saying they failed to report or remediate the discharge of PFAS into groundwater around the Marinette Fire Technology Center. The foam had previously been discharged into the city’s sanitary sewer system…

In Florida, Personal Jurisdiction Exists Where Liability is Inherited from Predecessor

A federal district court judge denied Corteva Inc. and DuPont de Nemours Inc.’s motion to dismiss a lawsuit brought again them for lack of personal jurisdiction. The companies claimed that the plaintiff, the city of Stuart, Florida, lacked jurisdiction over them because they are based in Delaware, but the court disagreed. The court held that…

Hamptons Residents Bring Lawsuit Against the Department of Interior and Army Corps of Engineers

In November 2021, the Department of Interior (“DOI”) approved the construction and operation of the 132-megawatt South Fork Wind Project, developed by Orsted and Eversource, off of the coast of Long Island. The Army Corps of Engineers issued a dredging permit for the project in January 2022. Two East Hampton, New York couples accused the…