Chemical Company Challenges the EPA’s Drinking Water Health Advisory Regarding PFOA Substitutes Before the Third Circuit Court of Appeals

In July 2022, The Chemours Company (“Chemours”) filed suit against the EPA in the United States Court of Appeals for the Third Circuit, challenging the EPA’s recent drinking water health advisories regarding hexafluoropropylene oxide dimer acid (“HPFO dimer acid”) and its ammonium salt, which are two GenX chemicals commonly used as alternatives to PFOA. Chemours…

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…