Litigation-PFAS

Litigation

Panel Keeps States’ PFAS Suits Out Of MDL, Citing No Comingling With AFFF

A federal multi-district litigation (MDL) panel is allowing Illinois and New Hampshire to keep their cleanup and natural resource damages cases against a per- and polyfluoroalkyl (PFAS) manufacturer out of the massive consolidated suit linked to fire-fighting foam containing PFAS, finding that the contamination was not comingled with foam. In an Aug. 3 order , the panel vacated an earlier “conditional transfer order” to the MDL, siding with New Hampshire in allowing its case against 3M to remain in the...

Order In New Hampshire Case

Order In Illinois Case


Environmentalists Seek To End Industry Challenge To EPA’s GenX Advisory

Environmentalists are urging a federal appellate court to allow them to intervene on EPA’s behalf in industry litigation challenging the agency’s tough new drinking water health advisory level (HAL) for GenX chemicals, where they plan to ask the court to end the suit because the HAL is not a final action subject to judicial review. In an Aug. 12 motion , the coalition of environmental, community and environmental justice groups urges the U.S. Court of Appeals for the 3rd Circuit...

New Mexico Lawmakers To Press Biden On Pentagon PFAS Cleanups

New Mexico lawmakers are planning to send President Joe Biden a letter urging him to rein in the Defense Department (DOD) in its opposition to the use of state-level standards for remediating per- and polyfluoroalkyl substances (PFAS) contamination, including withdrawing DOD’s lawsuit against the state over PFAS releases. The letter, which will be written by the New Mexico legislature’s hazardous waste committee with input from the state’s attorney general and the New Mexico Environment Department (NMED), is seeking federal compensation...

EPA Faces Tight Deadline For Bid To Bar Witnesses From PFAS Testing Suit

The federal court hearing the closely watched suit seeking expanded TSCA test orders for dozens of per- and polyfluoroalkyl substances (PFAS) is giving the two sides just weeks to brief EPA’s expected motion to exclude outside evidence such as witness testimony, even after the agency signaled it could call Chemours officials to testify. In an Aug. 3 order , Magistrate Judge Robert T. Chambers II, of the U.S. District Court for the Eastern District of North Carolina, set an Aug...

ACC Urges Court To Vacate EPA’s Interim Health Advisories For PFOA, PFOS

The American Chemistry Council (ACC) is urging a federal appellate court to vacate EPA’s strict interim health advisories for the two most-studied per- and poly-fluoroalkyl substances (PFAS), charging they are an unlawful backdoor means of imposing tough standards without following statutory and regulatory procedures. In a July 29 petition filed in the U.S. Court of Appeals for the District of Columbia Circuit, the chemical industry trade group argues that EPA’s issuance of interim lifetime health advisory levels (HALs) for perfluorooctanoic...

Environmentalists Say Court Should Decide Merit Of EPA’s PFAS Strategy

Environmentalists suing EPA over its nominal grant of their TSCA petition seeking toxicity tests on 54 per- and polyfluoroalkyl substances (PFAS) say in a new motion that the court must resolve whether EPA’s testing strategy would fulfill the petition’s goals, as the agency claims. In a July 25 brief , plaintiffs in Center for Environmental Health (CEH), et al., v. Regan argue that the U.S. District Court for the Eastern District of North Carolina should reject EPA’s bid to...

Attorney Sees Chemours’ GenX Suit As Signal Of New TSCA ‘Pushback’

A lawyer focused on toxics issues says he sees the novel suit by chemical manufacturer Chemours over EPA’s per- and polyfluoroalkyl substances (PFAS) advisory levels as the start of a rise in “industry pushback” against TSCA rules and other chemical policies -- which could be boosted by the Supreme Court’s embrace of the “major questions” doctrine. John Gardella, a lawyer and shareholder with the Boston-based law firm CMBG3, tells Inside TSCA that EPA’s ramped-up efforts to study and address PFAS,...

Chemours Sues EPA Over New GenX Drinking Water Health Advisory

Chemical manufacturer Chemours Company has filed suit against EPA over its tough new non-regulatory drinking water health advisory level (HAL) for the per- and polyfluoroalkyl substances (PFAS) known as GenX chemicals, charging the level violates both administrative law and constitutional requirements. The action also marks a second attempt at revoking an underlying toxicity assessment for the GenX cluster of chemicals. Chemours July 13 filed a petition for review with the U.S. Court of Appeals for the 3rd Circuit, contending the...

Judge Urges Settlement Of Landmark PFAS Case Ahead Of Arguments

A federal district court judge has urged parties, including the U.S. government, to settle a landmark lawsuit over compensation for decades of use of per- and polyfluoroalkyl substances (PFAS) which caused widespread contamination, during a recent status conference in preparation for oral arguments in the case next month. Judge Richard Gergel said during a recent status conference call that “common sense suggests that somewhere in the middle here is a resolution of this case,” and he urged all parties on...

Industry Faces Procedural Hurdles In Suits Challenging States’ PFAS Rules

Global chemical company 3M is facing procedural hurdles in its aggressive litigation against states over their per- and polyfluoroalkyl substances (PFAS) drinking water rules, with a New York state court recently dismissing a challenge based on 3M’s lack of standing, and a Michigan state court requesting additional briefing on the company’s standing. “Petitioner’s potential tort liability and its litigation costs are not a direct injury-in-fact providing standing to challenge the MCL Rule,” the State of New York Supreme Court said...

Senate Ban On PFAS In Food Wrapping May Snag Class-Action Defense

The Senate health committee in a bipartisan vote has approved legislation that directs the Food and Drug Administration (FDA) to ban the use of per- and polyfluoroalkyl substances (PFAS) in food packaging, a measure that would effectively reverse a recent FDA decision on the safe use of PFAS that is being cited by fast food giant McDonald’s as a defense in a class-action lawsuit. The legislation was approved as an amendment offered by Sens. Maggie Hassan (D-NH) and Lisa Murkowski...

EPA Sets New Deadlines For Key Rules As Officials Await High Court Rulings

EPA has set new deadlines for two key rulemakings -- governing greenhouse gases from power plants and the reach of the Clean Water Act -- as officials await major rulings from the Supreme Court that could force the agency to narrow any upcoming proposals, according to the Biden administration’s just-released Spring Unified Agenda. In addition, the agenda includes new rulemaking plans in several programs, including new limits on chemicals under the Toxic Substances Control Act (TSCA), a new rule that...

Chemours Eyes Suit Targeting Science Basis For EPA’s GenX Advisory

Chemical maker Chemours is considering legal action against EPA after the agency set a tough new drinking water advisory for the per- and polyfluoroalkyl substances (PFAS) known as GenX, which the company produces, after the agency also denied its data quality petition challenging the risk assessment on which the advisory is based. “The agency disregarded relevant data and issued a health advisory contrary to the agency's own standards and this administration’s commitment to scientific integrity,” says Chemours in a statement...

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