DOD Cites Superfund Bar In Bid To Escape Some Cases In AFFF MDL

The Defense Department (DOD) is asking a federal court to dismiss several claims from the massive multi-district litigation (MDL) over PFAS contamination from firefighting foam, arguing the court lacks jurisdiction because the claims are challenges to cleanup actions, which the Superfund law bars courts from reviewing. “This Court lacks jurisdiction over the Remedial Claims under section 113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (‘CERCLA’),” which bars pre-enforcement judicial review of such actions, DOD says in a Feb...