Waterproof Gear Company Gears Up for Renewed Putative Class Action

A class action was filed against the manufacturer of Gore-Tex for allegedly misleading consumers about PFAS chemicals in its waterproof gear. Gore-Tex moved to dismiss the complaint for various reasons, including failure to state a claim, lack of Article III standing, and improper venue. Most notably, Gore-Tex argued that the plaintiffs failed to allege that…

EPA Continues to Seek Stay of Challenges to PFAS Regulations Amid Rollbacks

The D.C. Circuit has stayed two lawsuits brought by industry groups challenging the EPA’s recent regulation of PFAS, including its designation of PFOA and PFOS as hazardous substances under CERCLA and its final rule setting maximum contaminant levels (MCLs) in drinking water for certain PFAS chemicals. Since then, the EPA has sought, and the D.C….

Court Weighs Scope of ‘Irreparable Harm’ in PFAS Permit Suit

The Southern District of West Virginia is weighing whether ongoing violations of water-quality-based permit limits for PFAS discharge—specifically hexafluoropropylene oxide dimer acid (HFPO-DA)—are sufficient to warrant a preliminary injunction against The Chemours Company. In briefs filed after a May injunction hearing, the West Virginia Rivers Coalition argued Chemours’s allegedly continuing permit violations constitute irreparable harm…

2nd Annual Summit on PFAS Regulation, Compliance, and Litigation

Meaghan Boyd will be presenting a panel titled “Where Are We Now? EPA’s Final CERCLA (Superfund) Hazardous Substances Designations for PFOA and PFOS” at this symposium hosted by the American Conference Institute. This panel will explore the EPA’s final CERCLA designations for PFOA and PFOS, addressing their impact on industries, municipalities, and property owners. Experts…