PFAS Litigation Updates

FILTER BY STATE

CA, DC, DE, FL, GA, MD, MI, MN, NC, NJ, NM, NV, NY, NC, OH, SC, TX, VT, WA, WI

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.

Please note, a subscription may be required to view some of this content.

 

Read the PFAS Primer Quarterly Update

Subscribe
Previous Issues

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)

Chemical Industry Group Challenges EPA Interim Drinking Water Health Advisories for PFOA and PFOS

The American Chemistry Council (“ACC”) is challenging the interim EPA drinking water health advisories issued in June for perfluorooctanesulfonic acid (“PFOS”) and perfluorooctanoic acid (“PFOA”). ACC alleges that the advisories rely on faulty science and that by calling the standards “interim” the EPA is trying to circumvent proper procedure. Seeking to vacate the advisories, ACC argues that the health advisories issued by the EPA, which significantly lowered the levels at which PFOA and PFOS are deemed safe in drinking water, set “impossibly low standards” and that the failure to follow the required steps for establishing the standards makes them arbitrary and capricious.

July 29, 2022 | American Chemistry Council v. United States EPA Case No. 22-1177 (D.D.C.)

Chemical Company Challenges the EPA’s Drinking Water Health Advisory Regarding PFOA Substitutes Before the Third Circuit Court of Appeals

In July 2022, The Chemours Company (“Chemours”) filed suit against the EPA in the United States Court of Appeals for the Third Circuit, challenging the EPA’s recent drinking water health advisories regarding hexafluoropropylene oxide dimer acid (“HPFO dimer acid”) and its ammonium salt, which are two GenX chemicals commonly used as alternatives to PFOA. Chemours asserted that the EPA’s GenX health advisory is arbitrary and capricious due to the EPA allegedly incorporating toxicity assumptions that deviate from its own standard methods and incorrect and overstated exposure assumptions.

July 14, 2022 | The Chemours Co. FC v. EPA Case No. 22-2287 (3d Cir.)