PFAS Litigation Trends
Environment, Land Use & Natural Resources partner Greg Berlin discusses recent trends in class action and multidistrict litigation involving PFAS. June 20, 2025
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 Scales Back PFAS Rule, Extends Compliance Deadlines, and Reviews Regulatory Approach
The Environmental Protection Agency (EPA) has announced changes to its PFAS contamination regulatory agenda. Our Environment, Land Use & Natural Resources Group discusses what affected stakeholders can expect going forward. June 6, 2025
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…