Landowners Push Back On DOD Effort To Dismiss AFFF MDL Tort Claims

Property owners and other entities with land neighboring military sites are pushing back on what they say are new Defense Department (DOD) arguments aimed at dismissing their tort claims in multidistrict litigation (MDL) over PFAS contamination after the judge overseeing the suit allowed rare additional briefing. In an Oct. 29 brief , the plaintiffs sought to rebut DOD claims that their litigation rights under the Clean Water Act (CWA) are preempted by the Federal Tort Claims Act’s (FTCA) Discretionary Function...