PFAS Litigation Updates

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The world of PFAS litigation is quickly evolving. As regulatory scrutiny of these compounds increases, so, too, will the body of associated case law. From class actions to multidistrict litigation, this section will regularly highlight developments in PFAS-related litigation.

Content in this section does not reflect the opinion of Alston & Bird or its attorneys.

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Previous Issues

Pennsylvania Water Utility Alleges Illegal DuPont Spinoff in New PFAS Contamination Case

Pennsylvania-American Water Co. alleges in a new PFAS contamination suit against PFAS manufacturers that DuPont violated the Pennsylvania Uniform Fraudulent Transfer Act by illegally transferring its PFAS business to Chemours in an attempt to avoid PFAS-related liability. The suit, which names many PFAS manufacturers, also alleges strict liability, products liability, negligence, and nuisance claims.

February 11, 2021 | Pennsylvania-American Water Co. v. 3M Co. et al., No. 1:21-cv-00258 (M.D. Pa.)

Tyco Fire Products Reaches $17.5 Million Settlement in AFFF MDL for PFAS Contamination

Tyco Fire Products LP has agreed to a $17.5 million settlement to resolve claims by plaintiffs alleging PFAS from Tyco’s operations contaminated their drinking wells. The court in the South Carolina AFFF MDL has issued a preliminary approval of the parties’ agreement.

January 25, 2021 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Saint-Gobain and Others Oppose Class Certification in New York PFAS Contamination Case

Defendants in a PFAS contamination class action suit by Hoosick, New York residents have opposed the residents’ motion for class certification, arguing the plaintiffs’ claims are too individualized to warrant certification. Specifically, Defendants argue the contamination at the plaintiffs’ various properties is distinct and was caused by various sources.

January 14, 2021 | Michelle Baker et al. v. Saint-Gobain Performance Plastics Corp. et al, No. 1:16-cv-00917 (N.D.N.Y.)

Court Rejects 3M’s Bid to Prevent Implementation of New Jersey PFAS Restrictions

In a one-page order, the Superior Court of New Jersey’s appellate division has rejected 3M and others’ attempt to stay implementation of New Jersey’s new PFAS drinking water restrictions. The court impliedly rejected 3M’s argument that the regulation would cause unreasonable costs and irreparable harm to New Jersey businesses and their customers, allowing implementation to move ahead as scheduled.

January 4, 2021 | In re: Appeal of the New Jersey Dep’t of Envtl. Protection’s June 1, 2020 Adopted Amendment, No. A-00307-20 and A-000308-20 (N.J. Super. Ct. App. Div.)