EPA and DuPont Stipulate to Dismiss a Third-Circuit-Appeal Following EPA Releasing DuPont From Test Order Requirements
Counsel for the EPA and DuPont submitted a joint stipulation of dismissal for an appeal filed in the Third Circuit involving an EPA Test Order that previously required DuPont to comply with testing deadlines and other requirements for 6:2 FTSB and HFPO – different types of PFAS chemicals. The EPA released DuPont from the testing requirements after the chemical company successfully established that: (a) it does not manufacture or process the relevant PFAS chemicals; (b) it does not intend to manufacture or process and has not manufactured or processed the relevant PFAS chemicals during the 10 years preceding the Test Order; (c) it is not responsible for any historic or ongoing activities involving the relevant PFAS chemicals; and (d) it is not a “corporate successor in interest” that may be responsible for satisfying the Test Order’s requirements.
May 18, 2023 | In re: Aqueous Film-Forming Foams Products Liability Litigation Case No. 2:18-mm-2873-RMG (D.S.C.)