Former Official Sees DOD Seeking To Use CERCLA To Limit PFAS Liability

The Defense Department’s (DOD) willingness to allow plaintiffs to bring their tort claims in multidistrict litigation (MDL) on PFAS contamination from firefighting foam as Superfund actions could help reduce the department’s overall liability, a former EPA official says, in part because DOD likely will seek to use the law’s bar on pre-enforcement judicial review to block the claims. But, the former official says, such actions could increase tension between DOD and EPA. The Justice Department (DOJ), representing the U.S. government,...