U.S. Cites CERCLA Cleanup Exemption To Limit Discovery In PFAS Case

The U.S. government is rejecting calls by plaintiffs for extensive discovery leading up to a bellwether trial in landmark PFAS litigation, arguing the Superfund law’s bar on judicial review of cleanups is triggered by the Defense Department’s (DOD) ongoing efforts to remediate contamination from the toxic chemicals. Signaling the government’s upcoming strategy for seeking dismissal of water treatment claims against DOD at certain sites, the Department of Justice (DOJ) on behalf of DOD is asking a federal court to set...