Significant Win for Chemical Manufacturers May Be Reviewed En Banc by Sixth Circuit

Plaintiff Kevin Hardwick, a former firefighter, used firefighting foam containing PFAS, and now his blood contains PFAS. Hardwick sued certain PFAS manufacturers. The district court certified a class comprising essentially every Ohioan with PFAS detectable in their blood. The Sixth Circuit reversed, holding that Hardwick failed to plead that the PFAS in his blood is…

Ohio Resolves PFAS Litigation Tied to West Virginia Facility

Three chemical manufacturers agreed to pay the State of Ohio $100 million to resolve litigation arising out of claims that the entities caused PFAS contamination at a facility in neighboring Parkersburg, West Virginia. Eighty percent of the settlement will be allocated to restoring natural resources related to the operation of the facility, 16% will be…

Subsurface PFAS Distribution at Two Contaminated Sites

An EPA study found that four PFAS substances have sufficient vapor pressure to be designated as vapor-forming chemicals. Vapor-forming chemicals warrant investigation for vapor intrusion when they occur as subsurface contaminants at sites subject to federal statutes for land cleanup, such as CERCLA and RCRA. This report represents the EPA’s initial research into whether the…

U.S. Supreme Court Declines Review of PFAS Case

The U.S. Supreme Court denied to review a case that involved questions of when rulings in multidistrict litigation can prevent relitigation of certain issues. DuPont asked the Supreme Court to review a 2–1 ruling from the Sixth Circuit that applied collateral estoppel to bar relitigating settled issues when it upheld PFAS negligence claims against the…

Chemical Companies’ Fight to Protect Settlement Terms Continues

The Georgia Court of Appeals granted an emergency motion filed by manufacturers seeking a stay of a trial court order requiring the disclosure of financial terms of settlement agreements resolving claims that the entities were responsible for contaminating the City of Rome, Georgia’s drinking water with PFAS. As part of their motion, the companies argued…