A&B Insights

As litigation concerning the emerging contaminants known as “perfluoroalkyl” or “polyfluoroalkyl” substances (PFAS) has become increasingly common, the omnipresent nature of PFAS has created a troublesome issue for courts and litigants. In particular, courts have struggled to articulate the level of injury necessary to proceed on a claim that exposure to PFAS caused some kind of recoverable damage. A recent decision in Hardwick v. 3M Co. by a federal court in Ohio highlights the challenge. In that case, the court issued a ruling that watered down the standing requirement in PFAS cases and opened the door to litigation beyond the reach of common sense and at least 100 years of legal precedent.

October 23, 2019 | The Daily Journal

California has passed a new law that makes it the first state in the country to require public water suppliers to notify customers if their water contains per- and polyfluoroalkyl substances, or PFAS. 

September 18, 2019 | Law360 | Authors: Jeffrey Dintzer and Clynton Namuo

The House and Senate have passed separate versions of the National Defense Authorization Act with slightly different language to address contamination of groundwater by PFAS compounds from military bases. This article analyzes the provisions and whether they’ll survive the conference committee and avoid a presidential veto.

August 30, 2019 | Bloomberg Environment | Authors: Jeffrey Dintzer and Gina Angiolillo

The U.S. Department of Defense has picked a fight with the U.S. Environmental Protection Agency and Congress over allowable levels of per- and polyfluoroalkyl substances, or PFAS, in groundwater in a remarkably public battle that portends a prolonged fight over how to regulate this emerging family of contaminants.

May 22, 2019 | Law360 | Authors: Jeffrey Dintzer and Clynton Namuo

California has unleashed a deluge of regulatory orders seeking complicated and expensive testing investigating potential releases of per- and polyfluoroalkyl substances, or PFAS, at suspected dischargers throughout the state. While these orders will be burdensome and costly for the recipients, California’s regulators, like the federal regulatory agencies, have acknowledged that there is still considerable scientific uncertainty surrounding the health impacts of PFAS.

April 3, 2019 | Law360 | Authors: Jeffrey Dintzer, Matt Wickersham, Gina Angiolillo