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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Previous Issues

Orange County Considering Blockbuster Suit over PFAS Contamination

Nine Orange County water agencies and cities have reportedly retained seven law firms to study whether to pursue litigation to recoup the $1+ billion it could take to remove PFAS from local drinking water wells contaminated and to pay for importing water in the interim. The PFAS (specifically PFOA and PFOS) are reportedly due to treated wastewater from the Inland Empire being released into the Santa Ana River and then absorbed into the county’s primary groundwater basin.

May 22, 2020 | Orange County Register

North Carolina Landowners Target DuPont and Chemours over Contaminated Groundwater

More than 200 North Carolina landowners sued DuPont and Chemours for allegedly releasing PFAS into the air, water, and land around Chemours’ Fayetteville facility and contaminating the groundwater surrounding the Fayetteville factory, despite assuring the regulatory community “that they were doing no such thing.”

May 20, 2020 | O’Brien et al. v. E.I. Du Pont de Nemours & Co., et al., 5:20-cv-00208-D (E.D.N.C.)

Second Circuit Upholds PFAS Medical Monitoring Claims

The Second Circuit affirmed residents of Hoosick Falls, NY’s medical monitoring claims, holding that that plaintiffs had pled a cognizable claim for medical monitoring costs because their allegation that PFOA had accumulated in their blood sufficiently met the injury threshold.

May 18, 2020 | Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L) (2nd Cir.)

Plaintiffs Move to Compel Discovery from DuPont Entities in PFAS MDL

Plaintiffs contend Defendants related to DuPont should be compelled to provide certain documents—and potentially participate in depositions—regarding corporate history and structuring. According to Plaintiffs, this information is necessary for determining whether all DuPont-related entities with potential PFAS or AFFF liability are before the court.

May 6, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Court Grants United States’ Ex Parte Motion, Allows Government to Avoid Purported Burdensome Production of Secure Documents

The Court sided with the Government in finding it did not have to produce certain Department of Navy documents. The Court agreed with the United States that, viewing the documents’ substance in light of the effort that would be required to produce them—including security review of each document prior to release, the burden of production far outweighed any potential benefit.

April 30, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)