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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Michigan AG Sues PFAS Manufacturers Over Contamination

Michigan’s Attorney General filed two lawsuits—one in state court and one in federal court—against PFAS manufacturers. The state court complaint targets manufacturers of commercial-grade AFFF who sold product into Michigan, and the federal suit targets manufacturers of military-grade AFFF. The suits seek damages and injunctive relief for “widespread” PFAS contamination in the State.

August 20, 2020 | Federal Suit: Michigan v. E.I. Du Pont Nemours and Co., et al., No. 1:20-cv-00787 (W.D. Mich.); State Suit

Florida City and College Add Suits to AFFF MDL

Hillsborough Community College in Tampa, FL sued PFAS manufacturers for contamination at its Fire Academy. The City of Zephyrhills, FL also brought suit, alleging contamination to its water and property resulting from the use of AFFF in fire protection, training, and response activities.

August 13, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.). Hillsborough Complaint; City of Zephyrhills Complaint

New Mexico Seeks Injunction Requiring Immediate PFAS Testing by U.S. Air Force

New Mexico has moved for an injunction that would require the U.S. Air Force to offer blood testing for residents and wildlife near its Cannon and Holloman bases, and would require the closure of a nearby lake. The bases have used AFFF on-site for decades and, as a result, PFAS levels in nearby groundwater and soil are allegedly well over EPA’s advisory limit.

August 4, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Judge Refuses Defendants’ Release from Putative PFAS Class Action

Two defendants, Archroma Management LLC and Daikin Industries, LTD, asked an Ohio district court to reconsider their motions to dismiss challenging personal jurisdiction. The court denied the motion, stating that without an evidentiary hearing, the defendants’ declarations in support of their motion to dismiss did not overcome the prima facie case set out in the plaintiff’s Amended Complaint.

August 3, 2020 | Hardwick v. 3M Co., No. 2:18-cv-1185 (S.D. Ohio)

Two Firefighter Suits Added to South Carolina AFFF MDL

Two former firefighters, both of whom have been diagnosed with prostate cancer, have sued PFAS manufacturers alleging their diagnoses are the result of PFAS exposure via AFFF. Plaintiffs allege that, despite knowledge of its dangers, Defendants concealed the hazards of PFAS.

July 29, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.). Complaint 1; Complaint 2