A North Carolina court has denied a motion to dismiss an environmental lawsuit brought by the state against chemical manufacturers over alleged PFAS contamination caused by operations at a chemical manufacturing facility. The defendants argued that the state attorney general lacked authority to maintain the suit following the repeal of N.C.G.S. § 114-2(8)(a), which previously…
Pursuant to the Toxic Substances Control Act (TSCA), several North Carolina–based citizens groups petitioned the EPA in 2020 to initiate testing of 54 individual PFAS. The EPA responded by agreeing to test seven of the PFAS and to potentially test nine more. The groups viewed this as a denial of their petition and, in 2021,…
The Office of Attorney General of North Carolina filed a civil complaint against 3M Company and other chemical companies, alleging that the defendant chemical companies knew the dangers of producing PFAS-rich aqueous film-forming firefighting foam, but continued to sell the product at the risk of human health. November 23, 2022 | State v. 3M Co….
The North Carolina Supreme Court affirmed a lower court’s decision that spinoffs of Historic E. I. du Pont de Nemours (“DuPont”), including the Chemours Company (“Chemours”) and Corteva, Inc. (“Corteva”), share in DuPont’s potential PFAS-related liabilities – despite the spinoff companies never conducting business in North Carolina, never operating the plant at issue, and never…
Two state court complaints were filed in North Carolina arising out of the alleged use of aqueous film-forming foam (“AFFF”) to fight fires at various military air bases. The state is seeking compensation for the costs of investigating, remediating, treating, assessing, and restoring the facilities and waters allegedly contaminated by AFFF products. October 18, 2022…