Fourth Circuit Paves the Way for Defendants to Remove More PFAS Cases to Federal Court (and Transfer Them to the AFFF MDL)
A divided Fourth Circuit panel held that district courts in Maryland and South Carolina erred in remanding certain cases that 3M removed to federal court based on the federal officer removal statute. The states originally sued 3M in state court and expressly disclaimed any liability based on PFAS contamination caused by aqueous film-forming foam (AFFF)….
Court Dismisses (Without Prejudice) Environmental Suit Arising from “Wholly Past” PFAS Contamination
The Middle District of Tennessee dismissed a citizen suit involving PFAS chemicals brought by a nonprofit organization under the Clean Water Act and Resource Conservation and Recovery Act. Tennessee Riverkeeper, which claims it is “dedicated to the preservation, protection, and defense of the Tennessee and Cumberland Rivers,” sued a private landfill operator that allegedly contaminated…
D.C. Circuit Stays Challenge to EPA’s PFAS Regulations Pending Possible Rule Change
Lawsuits brought by industry groups challenging the EPA’s recent regulation of PFAS—including its designation of PFOA and PFOS as hazardous substances under CERCLA and its final rule setting maximum contaminant levels in drinking water for six PFAS chemicals—came to a halt in February. In separate filings, the EPA asked the D.C. Circuit to hold the…
PFAS Lawsuit Challenges Smartwatch Band Products
A class action has been filed in the Northern District of California alleging that Apple falsely advertised its Apple Watch Sport Band, Ocean Band, and Nike Sport Band as products designed to support human health and wellness and as environmentally sustainable. The plaintiffs allege these three specific products contain excessive levels of PFAS and that…