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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3M Investors Oppose the Company’s Third Circuit Petition to Move Suit to Minnesota

3M investors, who filed suit against the company in December 2019 over its alleged PFAS-related liabilities, are now urging the Third Circuit Court of Appeals to keep their suit in New Jersey. The plaintiff-investors contend that the case was “commenced in New Jersey by a New Jersey pension fund serving New Jersey beneficiaries” and, as such, should not be transferred to Minnesota as 3M requests.

October 13, 2020 | In re: 3M Company, et al., No. 20-2864 (3rd Cir.)

North Carolina Attorney General Files Suit over State’s PFAS Contamination

Shortly after a North Carolina Superior Court approved an Addendum to a Consent Order with Chemours for PFAS clean-up, North Carolina Attorney General Josh Stein filed suit in state court against DuPont and Chemours for contamination related to the companies’ manufacture of C8 and GenX at their Fayetteville Works facility. The lawsuit seeks damages for alleged injuries to North Carolina’s drinking water, fisheries, and other natural resources.

October 13, 2020 | North Carolina v. E.I. DuPont de Nemours and Co., et al. (N.C. Super. Ct.)

North Carolina DEQ Seeks Further PFAS Remediation by Chemours

The North Carolina Department of Environmental Quality has asked the Bladen County Superior Court to enter an addendum to its Consent Order with Chemours, which relates to the PFAS contamination resulting from the company’s Fayetteville Works Plant operations. The addendum would require Chemours to conduct extensive, further remedial work to reduce PFAS groundwater contamination along Cape Fear River.

October 5, 2020 | North Carolina v. Chemours Co. FC, LLC, No. 17 CVS 580 (N.C. Sup. Ct.)

PFAS Manufacturers Sued for Contamination at California Airport

The Monterey Peninsula Airport District filed suit against several PFAS manufacturers in one of the latest additions to the ever-growing South Carolina AFFF MDL. In the suit, the District seeks damages, attorneys’ costs and fees, and alleges diminished property value due to alleged PFOA and PFOS contamination at the Monterey Regional Airport in California.

October 1, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Couple Sues Du Pont Over PFAS Contamination from Its Washington Works Facility

Plaintiffs, a married couple, sued Du Pont for PFAS contamination resulting from operation of its West Virginia Washington Works facility. Plaintiffs allege PFAS traveled from the facility via the Ohio River, contaminating their water supply in Ohio and thereby causing Plaintiff Sherman White’s kidney cancer.

September 21, 2020 | White v. E.I. Du Pont de Nemours and Co., No. 2:20-cv-04955 (S.D. Ohio)