Michigan Allowed to Pursue AFFF Claims in State Court

The Sixth Circuit has affirmed a district court’s decision to allow Michigan’s suit against a commercial airport for alleged PFAS contamination to proceed in state, rather than federal, court. The suit alleges that the Gerald R. Ford Airport Authority should be responsible for cleanup costs for releases and discharges of PFAS associated with the use…

Chemical Manufacturer Settles Federal Clean Water Act Suit

Chemical manufacturer Chemours entered into a $450 million settlement with the federal government for alleged violations of the Clean Water Act and other federal laws related to alleged PFAS discharges in West Virginia, North Carolina, and New Jersey. Under the settlement, Chemours will be required to bring its facilities into compliance with its NPDES permits;…

North Carolina Community Seeking PFAS Remediation at County Landfill

The Southern Environmental Law Center filed a citizen suit on behalf of a North Carolina community group seeking to require Robeson County to abate PFAS groundwater contamination from a county-owned landfill. The suit also alleges that the county-owned public water facility is sourcing public drinking water from the contaminated groundwater, allegedly putting human health and…

Tenth Circuit Keeps Air Force Challenge to New Mexico Law in Federal Court

The Tenth Circuit has ruled that the U.S. Air Force’s challenge to New Mexico’s Resource Conservation and Recovery Act (RCRA) permitting requirements may proceed in federal, rather than state, court. The Air Force sued the New Mexico Environment Department (NMED) in federal court asserting that its hazardous-waste law exceeds the regulatory authority granted to the…

Fourth Circuit Reverses PFAS Injunction

The Fourth Circuit vacated a preliminary injunction barring Chemours from discharging more HFPO-DA, one type of PFAS, from its Washington Works facility into the Ohio River than its Clean Water Act (CWA) permit allows. The Fourth Circuit first held that the plaintiff, West Virginia Rivers Coalition, had shown a substantial likelihood of Article III associational…