California-American Water claims the Air Force should be responsible for cleaning up groundwater contaminated with PFAS from a former nearby base that used firefighting foam during training exercises. The utility seeks $1.3 million, the cost of the granulated active carbon treatment system to address the contamination.
After 3M removed this putative class action to the NDGA, Judge Totenberg asked the parties to show cause why the case should not be remanded to state court for lack of jurisdiction. After both sides agreed CAFA supplied jurisdiction, the Court decided not to remand the case, noting the inapplicability of CAFA’s exceptions due to “namely the existence of other similar class actions and the fact that the current record does not necessitate the inference that two-thirds of the putative class are Georgia citizens.”
January 21, 2020 | California-American Water Company v. United States of America, No. 2:20-cv-00144 (E.D. Cal.)