EPA and DuPont Stipulate to Dismiss a Third-Circuit-Appeal Following EPA Releasing DuPont From Test Order Requirements

ByPFAS Primer Team

Counsel for the EPA and DuPont submitted a joint stipulation of dismissal for an appeal filed in the Third Circuit involving an EPA Test Order that previously required DuPont to comply with testing deadlines and other requirements for 6:2 FTSB and HFPO – different types of PFAS chemicals. The EPA released DuPont from the testing requirements after the chemical company successfully established that: (a) it does not manufacture or process the relevant PFAS chemicals; (b) it does not intend to manufacture or process and has not manufactured or processed the relevant PFAS chemicals during the 10 years preceding the Test Order; (c) it is not responsible for any historic or ongoing activities involving the relevant PFAS chemicals; and (d) it is not a “corporate successor in interest” that may be responsible for satisfying the Test Order’s requirements.

May 18, 2023 | In re: Aqueous Film-Forming Foams Products Liability Litigation Case No. 2:18-mm-2873-RMG (D.S.C.)

Similar Posts

Panel Thwarts Attempt to Add Middlesex Water Co. v. 3M Co. to MDL No. 2873

ByPFAS Primer Team

The Judicial Panel denied Defendants’ motion to transfer Middlesex Water Co., which did not on its face raise aqueous foam-related claims, to the MDL in South Carolina. The Panel noted the claims at issue involved the manufacture and sale of PFAS more generally and expressed concern that granting transfer would render the MDL unduly complicated…

CAFA Jurisdiction Keeps Putative Class in Federal Court

ByPFAS Primer Team

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…

California Utility Targets the Air Force for the Costs of its Water Treatment Upgrade

ByPFAS Primer Team

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…

Wolverine Resolves PFAS Claims with State of Michigan and 3M

ByPFAS Primer Team

Two years after the State of Michigan sued Wolverine for allegedly contaminating groundwater with PFAS, the shoemaker settled the State’s claims, agreeing to pay $69.5 million and extend municipal water to over a thousand properties that rely on groundwater as drinking water. One day after the Consent Decree was entered Wolverine settled its related claims…

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

ByPFAS Primer Team

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 |…

Rural Water Authorities Seek PFAS Testing in a Novel Class Action

ByPFAS Primer Team

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…