More State AG Suits Against PFAS Manufacturers

Arizona, Arkansas, Maryland, New Mexico, Oregon, Pennsylvania, and Washington joined Rhode Island and other states that had previously filed lawsuits against PFAS manufacturers. Alleging harm to their natural resources and property as well as threats to public health and safety, these states seek to recover mounting costs associated with investigating, testing for, and remediating PFAS…

Rhode Island Initiates PFAS Litigation

The Rhode Island Attorney General recently filed suit against 3M Company, Dupont de Nemours Inc., and other companies in the Superior Court of Providence County, Rhode Island seeking damages for the cost of investigating and remediating PFAS contamination.  While referencing the many applications of PFAS, Rhode Island’s complaint specifically alleges that state agencies, working with…

Court Greenlights Pet Food Packaging Case

A putative class action against Smucker alleges that Smucker falsely represented pet food products are healthy when in fact the food allegedly contains titanium dioxide, and the packaging “contain (or risk containing)” PFAS. The pet owner’s claims—including consumer protection, false advertising, fraud, and negligent misrepresentation claims—survived Smucker’s motion to dismiss. As in other consumer class…

AFFF MDL Court Says (Mostly) No to Summary Judgment

The bellwether municipal drinking water case in the AFFF multi-district litigation was brought by the City of Stuart, Florida, based on PFAS in the city’s water supply. The city’s bid for damages from the AFFF manufacturers was strengthened last month when the court largely denied the manufacturers’ motions for summary judgment. The manufacturers sought summary…

EPA and DuPont Stipulate to Dismiss a Third-Circuit-Appeal Following EPA Releasing DuPont From Test Order Requirements

Counsel for the EPA and DuPont submitted a joint stipulation of dismissal for an appeal filed in the Third Circuit involving an EPA Test Order that previously required DuPont to comply with testing deadlines and other requirements for 6:2 FTSB and HFPO – different types of PFAS chemicals. The EPA released DuPont from the testing…