The Sixth Circuit has affirmed a district court’s decision to allow Michigan’s suit against a commercial airport for alleged PFAS contamination to proceed in state, rather than federal, court. The suit alleges that the Gerald R. Ford Airport Authority should be responsible for cleanup costs for releases and discharges of PFAS associated with the use…
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…
A Michigan state court dismissed an enforcement action by the State of Michigan against the Gerald R. Ford International Airport Authority seeking remediation of PFAS contamination allegedly caused by the airport’s use of aqueous film forming foam (AFFF). The court held that the federal aviation safety law preempts the state’s cleanup mandates. The ruling emphasizes…
The Michigan State Court of Claims agreed with 3M Company (“3M”) that the Michigan Department of Environment, Great Lakes, and Energy (“Mich. EGLE”) issued a deficient regulatory-impact statement when promulgating rules establishing the allowable maximum-contaminant levels of seven PFAS and PFOA chemicals in drinking water. The court found that the Mich. EGLE failed to consider…
U.S. District Judge Hala Y. Jarbou granted final approval to an $11.9 million settlement deal to resolve allegations that a paper mill in Michigan that produced paper products using PFAS chemistry had contaminated local water supply as a result of improper storage at the site’s landfill. Judge Jarbou also approved of attorney fees of $3.9…