Michigan Landfills Survive Motion to Dismiss in CERCLA PFAS Case

ByPFAS Primer Team

Two Michigan landfills, Central Sanitary Landfill and Ottowa County Landfill, survived motions to dismiss their Superfund cost recovery claims against PFAS manufacturers and users. In denying the motions to dismiss, the court rejected the defendant’s “useful product” defense—that it sold a legitimate, valuable product that only later became a hazardous waste. The court also rejected an argument that at least one of the plaintiffs did not actually allege a release of PFAS-contaminated leachate and that any releases that did occur were covered as federally permitted under the Clean Water Act.

May 7, 2026 | Central Sanitary Landfill Inc. v. Wolverine World Wide Inc., No. 1:25-cv-01639 (W.D. Mich.).

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