SCOTUS Denies Certiorari in PFAS-Related Removal Jurisdiction Cases

The Supreme Court denied certiorari in two lawsuits brought by the State of Maryland and the State of South Carolina against 3M and other defendants arising out of alleged PFAS contamination in their states. 3M removed those lawsuits under the federal officer removal statute—arguing the alleged contamination must have come from aqueous film-forming foam (AFFF),…

Court Rips Off the Band-Aid and Dismisses Consumer PFAS Lawsuit

The District of New Jersey dismissed a class action brought against Johnson & Johnson and Kenvue alleging the presence of PFAS in the defendants’ Band-Aid products. The plaintiffs alleged that they “reasonably believed” that the Band-Aids were “safe for use around, adjacent to, and near skin and open wounds” and that they would have paid…

D.C. Circuit Denies EPA’s Request to Vacate Drinking-Water Limits for Four PFAS

A D.C. Circuit motions panel denied the EPA’s motion to vacate four of six PFAS limits for drinking water. Industry groups and water utilities had challenged the EPA’s final rule setting maximum contaminant levels in drinking water for certain PFAS chemicals. The EPA sought to vacate four of the six PFAS limits (for HPFO-DA, PFNA,…

Michigan Court Tosses State PFAS Cleanup Claims Against Airport, Citing Federal Aviation Law Preemption

A Michigan state court dismissed an enforcement action by the State of Michigan against the Gerald R. Ford International Airport Authority seeking remediation of PFAS contamination allegedly caused by the airport’s use of aqueous film forming foam (AFFF). The court held that the federal aviation safety law preempts the state’s cleanup mandates. The ruling emphasizes…