PFAS Litigation Updates



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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Defendant National Foam Voluntarily Dismissed from PFAS MDL Under Tolling Agreement

The Court granted Plaintiffs’ and Defendant National Foam’s joint motion based on a tolling agreement between the parties, resulting in the voluntary dismissal without prejudice of 101 cases pending against National Foam in the South Carolina MDL.

April 8, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Kalispel Tribe Claims PFAS Manufacturers and Users Are Liable for $21 Million in Damages

The Kalispel Tribe of Indians and its casino sued PFAS manufacturers and users, including 3M Co., Tyco Fire Products LP, and the United States Air Force, alleging that the defendants contaminated the water the tribe purchased from the City of Airway Heights and caused $21 million in damages.

March 30, 2020 | Kalispel Indian Tribe et al. v. 3M Co. et al., No. 2:20-cv-00127 (E.D. Wash.)

New Mexico Moves to Vacate Conditional Transfer of Its Suit Against the United States to South Carolina PFAS MDL

New Mexico argues its suit against the United States and the United States Air Force should not be added to the PFAS aqueous foam MDL in South Carolina because it does not bring claims against PFAS or AFFF manufacturers. The State further argues that, beyond being inconvenient, transfer would be inappropriate because the factual issues in its case are unique and do not overlap with those of the MDL cases.

March 13, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Rural Water Authorities Seek PFAS Testing in a Novel Class Action

The City of Millington and the National Rural Water Association filed this putative class action on behalf of U.S. rural water authorities, arguing that 3M, DuPont, Chemours, and other PFAS manufacturers should pay for monitoring, testing and cleanup of the chemicals, the court should supervise a testing program for PFAS, and the results of the testing program should be published in a centralized electronic database.

February 25, 2020 | City of Millington et al. v. 3M Co. et al., No. 1:20-cv-00546 (D.D.C.)

Defendants’ Motion to Transfer Hardwick v. 3M Co., et al. to South Carolina for Inclusion in PFAS MDL Denied

Defendants that previously opposed Hardwick’s inclusion in the South Carolina MDL changed their position and moved to transfer the case to the growing PFAS MDL. The Panel denied their motion, finding the Hardwick claims broad and insufficiently related to the aqueous film-forming foam at the heart of the South Carolina MDL.

February 5, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)