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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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)

Hoosick Falls Resident Sues for Alleged PFAS-Related Cancer Diagnosis

Plaintiff sued Defendants over PFAS contamination in Hoosick Falls, New York, allegedly resulting from certain Defendants’ operation of nearby facilities. According to Plaintiff,  contamination of the town’s water supply caused his later testicular cancer diagnosis. Plaintiff brought strict liability and negligence claims, seeking compensatory, consequential, and punitive damages, as well as attorneys’ fees and costs.

September 18, 2020 | Decker v. Saint-Gobain Performance Plastics Corp, et al., No.1:20-CV-1141 (N.D.N.Y)

Judge Denies New Mexico’s Request to Seek Injunction in PFAS MDL

In the South Carolina AFFF MDL, parties must obtain approval to seek a preliminary injunction. New Mexico wanted a preliminary injunction that would require the U.S. Air Force to begin efforts to address groundwater PFAS contamination in the state. But, the Court denied New Mexico’s request for leave to seek an injunction, noting that a contrary outcome would frustrate the efficiency of the AFFF MDL and “derail a centralized proceeding.”

September 3, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)