DOD fights suit seeking to block PFAS incineration

May 21, 2020
The Defense Department (DOD) is fighting environmentalists’ lawsuit seeking to block its incineration of materials containing per- and polyfluoroalkyl substances (PFAS), arguing the case should be transferred to another court with jurisdiction and charging its incineration contracts do not violate a 2019 defense law because that law is not retroactive. “Assuming that plaintiffs fulfill their obligation to establish associational standing to proceed, transfer to a judicial district within the sites of incineration would permit this action to be brought in...

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