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…

Insurer Seeks Court’s Permission to Neither Defend nor Indemnify its Insured in PFAS Lawsuits

Admiral Insurance Company (“Admiral”) filed a complaint against one of its insured, Fire Dex, LLC (“Fire Dex”), seeking a declaration that it does not have to defend or indemnify Fire Dex in three underlying suits alleging that Fire Dex and other defendants manufactured, sold, and distributed fire protective gear and fire suppression foam containing PFAS,…

Massachusetts’ Attorney General Files Suit Against 3M Company and other Chemical Companies Over Alleged Statewide PFAS Pollution

The Office of the Attorney General of Massachusetts filed a civil complaint against 3M Company and other chemical companies, alleging that the defendant chemical companies advertised, marketed, manufactured, and sold aqueous film-forming foam (“AFFF”) in the state, despite allegedly knowing that PFAS was dangerous and toxic. May 25, 2022 | Massachusetts v. 3M Co. Case…

Federal Judge Dismissed Class Action Suit Involving Alleged PFAS-Contaminated Sites the Defendant Company Inherited from DuPont

The court dismissed with prejudice all the remaining claims in a federal securities class action suit against The Chemours Company (“Chemours”) and other individual defendants, which alleged the defendants defrauded their shareholders by failing to disclose the full extent of their environmental liabilities. The lead plaintiff, the New York State Teachers’ Retirement System, failed to…