North Carolina Brings Additional AFFF Lawsuits Against Chemical Manufacturers

Two state court complaints were filed in North Carolina arising out of the alleged use of aqueous film-forming foam (“AFFF”) to fight fires at various military air bases. The state is seeking compensation for the costs of investigating, remediating, treating, assessing, and restoring the facilities and waters allegedly contaminated by AFFF products. October 18, 2022…

Plaintiff Voluntarily Dismissed Suit Against Burger King Involving PFAS in its Whopper and French Fry Packaging

Azman Hussain filed a putative class action suit against Burger King Corporation, which alleged that he and other members were injured by Burger King’s alleged misrepresentations and omissions regarding the presence of PFAS in its food packaging. Burger King, in a motion to dismiss, argued that its use of PFAS in its food packaging was…

Case Challenging New Mexico Air Force Cleanup Dismissed

A New Mexico district court found that the New Mexico Hazardous Waste Act requires that administrative appeals related to permits issued under that statute be heard in the New Mexico Court of Appeals. That meant the federal court lacked jurisdiction to decide whether the New Mexico Environment Department exceeded its authority by requiring the cleanup…

Composting Operation and Related Companies Face PFAS Contamination Lawsuit in Massachusetts

Two couples from Massachusetts filed a proposed class action accusing several companies of allegedly contaminating a town’s underground drinking water supply with PFAS through use or management of a local composting facility. August 2, 2022 | Ryan et al. v. Grief Inc. et al. Case No. 4:22-cv-40089 (D.Ma.)

Chemical Industry Group Challenges EPA Interim Drinking Water Health Advisories for PFOA and PFOS

The American Chemistry Council (“ACC”) is challenging the interim EPA drinking water health advisories issued in June for perfluorooctanesulfonic acid (“PFOS”) and perfluorooctanoic acid (“PFOA”). ACC alleges that the advisories rely on faulty science and that by calling the standards “interim” the EPA is trying to circumvent proper procedure. Seeking to vacate the advisories, ACC…