The Judicial Panel on Multidistrict Litigation (JPML) rejected Michigan’s attempt to keep its PFAS lawsuit, filed in January 2020 (Nessel v. Chemguard, Inc., 2021 WL 744683, at *3 (W.D. Mich. Jan. 6, 2021)), in Michigan, instead sending the suit to multidistrict litigation in South Carolina. The JPML determined that Michigan could not separate its claims…
The United States filed for summary judgment in its suit over a hazardous waste remediation permit issued by the New Mexico Environment Department (NMED), arguing that the substances covered by the permit exceeded the state’s authority. The United States contends that NMED acted arbitrarily and capriciously by including PFOS and PFOA among the substances considered…
The District Court for the Northern District of New York denied a motion to dismiss a group of New York residents’ personal injury claims against 3M, DuPont, Honeywell, and Saint-Goban Performance Plastics. The residents alleged that the chemical companies contaminated their drinking water with PFAS. However, some plaintiffs failed to produce authorizations for medical and…
Aqua Pennsylvania, a private water utility serving approximately 1.4 million Pennsylvania residents, filed suit against 3M, DuPont, Tyco, Chemguard, and other chemical companies for PFAS contamination to its water system. Aqua claims the contamination has forced Aqua to devote significant amounts of time and financial resources to testing and treating water for PFAS. The complaint…
The City of Dayton, Ohio filed a complaint under the Federal Tort Claims Act against the United States for alleged PFAS contamination of the City’s drinking water supply originating from a nearby Air Force base. The Wright-Patterson Air Force Base had been using firefighting foam that contained PFAS since 1970. Although the Ohio EPA ordered…