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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City of Philadelphia Files Suit Against 3M Company and other Chemical Companies Over Alleged Statewide PFAS Pollution

The City of Philadelphia filed a civil complaint against 3M Company, DuPont, and other chemical companies alleging that the chemical defendant companies designed, manufactured, promoted, sold, used, and disposed of PFAS-rich aqueous film-forming foam in Philadelphia, despite allegedly knowing that PFAS was dangerous and toxic.

November 4, 2022 | City of Phila. v. 3M Co. Case No. 221100676 (Phila. Ct. C.P.)

North Carolina Supreme Court Requires DuPont’s Successor Companies to Address DuPont’s Potential PFAS Liabilities

The North Carolina Supreme Court affirmed a lower court’s decision that spinoffs of Historic E. I. du Pont de Nemours (“DuPont”), including the Chemours Company (“Chemours”) and Corteva, Inc. (“Corteva”), share in DuPont’s potential PFAS-related liabilities – despite the spinoff companies never conducting business in North Carolina, never operating the plant at issue, and never made, sold, distributed, or discharged PFAS in North Carolina.

November 4, 2022 | State v. E. I. du Pont de Nemours & Co. Case No. 2022-NCSC-110, No. 436A21 (N.C.)

North Carolina Brings Additional AFFF Lawsuits Against Chemical Manufacturers

Two state court complaints were filed in North Carolina arising out of the alleged use of aqueous film-forming foam (“AFFF”) to fight fires at various military air bases. The state is seeking compensation for the costs of investigating, remediating, treating, assessing, and restoring the facilities and waters allegedly contaminated by AFFF products.

October 18, 2022 | State of North Carolina v. 3M Company, et al. Case No. 22-CVS-2812 (Onslow Cnty. Ct.)

Case Challenging New Mexico Air Force Cleanup Dismissed

A New Mexico district court found that the New Mexico Hazardous Waste Act requires that administrative appeals related to permits issued under that statute be heard in the New Mexico Court of Appeals. That meant the federal court lacked jurisdiction to decide whether the New Mexico Environment Department exceeded its authority by requiring the cleanup of PFAS at the Cannon Air Force base near Clovis, New Mexico.

August 18, 2022 | United States of America v. New Mexico Environment Department Case No. 19-CV-46 (D.N.M)