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3M Removes Michigan AG’s Case to Federal Court

3M removed Michigan’s PFAS contamination case to federal court, arguing that its AFFF was developed in accordance with applicable federal military requirements and that, as a result, removal is proper because defendants sued for acts committed at a federal officer’s direction may remove. 3M also argues it plans to invoke the government contractor defense. Although…

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Residents Near Summerville, Georgia File Suit, Alleging Contamination of Farms and Town Water Supply

Residents and property owners near Summerville, Georgia filed a putative class action alleging PFAS-contaminated sludge and biosolids from Trion, Georgia’s water pollution control plant are migrating and contaminating their properties and farms. Plaintiffs’ complaint, which alleges causes of action in tort and under the Clean Water Act and Resource Conservation and Recovery Act, seeks injunctive…

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Pennsylvania Water Utility Alleges Illegal DuPont Spinoff in New PFAS Contamination Case

Pennsylvania-American Water Co. alleges in a new PFAS contamination suit against PFAS manufacturers that DuPont violated the Pennsylvania Uniform Fraudulent Transfer Act by illegally transferring its PFAS business to Chemours in an attempt to avoid PFAS-related liability. The suit, which names many PFAS manufacturers, also alleges strict liability, products liability, negligence, and nuisance claims. February…

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EPA Offers Few Answers in PFAS Disposal Guidance

On Dec. 18, 2020, the U.S. Environmental Protection Agency released its interim guidance on the destruction and disposal of PFAS, as directed by the National Defense Authorization Act for fiscal year 2020, and as part of the PFAS Action Plan the EPA released in February 2019. The interim guidance is not binding, and does not…

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Tyco Fire Products Reaches $17.5 Million Settlement in AFFF MDL for PFAS Contamination

Tyco Fire Products LP has agreed to a $17.5 million settlement to resolve claims by plaintiffs alleging PFAS from Tyco’s operations contaminated their drinking wells. The court in the South Carolina AFFF MDL has issued a preliminary approval of the parties’ agreement. January 25, 2021 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL…