A divided Fourth Circuit panel held that district courts in Maryland and South Carolina erred in remanding certain cases that 3M removed to federal court based on the federal officer removal statute. The states originally sued 3M in state court and expressly disclaimed any liability based on PFAS contamination caused by aqueous film-forming foam (AFFF)….
The Middle District of Tennessee dismissed a citizen suit involving PFAS chemicals brought by a nonprofit organization under the Clean Water Act and Resource Conservation and Recovery Act. Tennessee Riverkeeper, which claims it is “dedicated to the preservation, protection, and defense of the Tennessee and Cumberland Rivers,” sued a private landfill operator that allegedly contaminated…
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 in drinking water for six PFAS chemicals—came to a halt in February. In separate filings, the EPA asked the D.C. Circuit to hold the…
A class action has been filed in the Northern District of California alleging that Apple falsely advertised its Apple Watch Sport Band, Ocean Band, and Nike Sport Band as products designed to support human health and wellness and as environmentally sustainable. The plaintiffs allege these three specific products contain excessive levels of PFAS and that…
A class action has been filed in the Eastern District of Washington against W. L. Gore & Associates Inc.—the Delaware-based maker of GORE-TEX—for allegedly misleading consumers about PFAS chemicals in its products. The plaintiffs claim that Gore engaged in greenwashing by promoting its products as environmentally friendly and PFAS-free while continuing to use the harmful…