PFAS

A federal judge in South Carolina has ruled against the U.S. government’s attempt to dismiss all lawsuits related to PFAS contamination, emphasizing that each case must be evaluated based on site-specific details before determining jurisdiction. This decision allows legal actions against the military—filed by local communities, businesses, and state governments—to proceed.

Judge Richard M. Gergel denied the government’s broad immunity claims under the Federal Tort Claims Act (FTCA) and CERCLA, stating that key jurisdictional issues at various sites remain unresolved. While some claims connected to Cannon Air Force Base—particularly those requesting injunctive relief—were dismissed, lawsuits addressing negligent use and management of AFFF contamination at military facilities remain active.

This ruling underscores the government’s potential liability for mishandling toxic firefighting foam, paving the way for further legal challenges based on specific site conditions. The next phase will involve jurisdictional discovery at affected locations, ensuring that impacted plaintiffs can continue pursuing justice in court.

The Village of Nyack, New York, has filed lawsuits against Teva Pharmaceuticals USA Inc., Estée Lauder Cos., and several other companies, accusing them of polluting the local drinking water with hazardous per- and polyfluoroalkyl substances (PFAS).

The case, brought before the U.S. District Court for the Southern District of New York, seeks financial compensation from the companies for the expenses associated with testing, monitoring, and implementing water treatment solutions to eliminate PFAS from the Hackensack River—Nyack’s main water source. According to the lawsuit, these companies, operating in the pharmaceutical, cosmetics, industrial, and waste management sectors, utilized PFAS in their production, product formulations, and waste disposal processes. It is alleged that these chemicals subsequently seeped into the environment, contaminating the community’s water supply.

The legal complaint claims that Teva, Estée Lauder, and the other defendants “knew or should have known” that their activities were introducing PFAS into the water system, posing severe health hazards. Commonly referred to as “forever chemicals” due to their long-lasting presence in the environment, PFAS have been associated with cancer, immune dysfunction, and other serious health concerns.

Testing has reportedly revealed PFAS levels in Nyack’s water supply that surpass the newly established Environmental Protection Agency (EPA) limit of 4.0 parts per trillion. The village contends that this contamination constitutes a public nuisance, violating residents’ fundamental right to clean and safe drinking water.

This week, Santa Clara County, California, initiated a major lawsuit regarding water contamination against several companies. The legal action claims that the county’s public water systems have been tainted by PFAS chemicals, originating from AFFF firefighting foam produced by the companies named in the suit, including 3M and DuPont.

A recent investigation published in the Journal of Exposure Science & Environmental Epidemiology reveals a connection between PFAS (per- and polyfluoroalkyl substances) in drinking water and an increased risk of cancer in the U.S. between 2016 and 2021. By analyzing data from the SEER Program and various PFAS monitoring initiatives, the study identified associations between PFAS exposure and several types of cancer, including those affecting the digestive, respiratory, endocrine, and oral cavity/pharynx systems. Researchers estimate that PFAS contamination in drinking water contributes to between 4,626 and 6,864 cancer cases each year. The study highlights particularly strong associations between PFBS and oral cancers, as well as PFHxS and digestive cancers, emphasizing the health risks linked to these persistent chemicals.

Moreover, the study uncovered gender-specific risks, noting that thyroid and oral cancers in females, as well as brain, urinary, and leukemia cancers in males, are linked to PFAS exposure. Known for their ability to disrupt endocrine function and damage DNA, PFAS compounds are now shown to be associated with a wider range of cancers than previously recognized.

Is more evidence needed to confirm that PFAS cause cancer? Not necessarily, but this new research strengthens our legal position, especially in cases where the connection had not been as clear. By providing scientific backing that directly ties these chemicals to specific cancer types, the study strengthens lawsuits related to PFAS-contaminated drinking water. It supports claims that water suppliers and manufacturers neglected to mitigate known contamination risks. The study’s comprehensive cancer case estimates offer solid grounds for arguing negligence and quantifying damages, making it a crucial asset for ongoing and future legal cases.

A newly proposed order outlines the steps for identifying locations where AFFF (aqueous film-forming foam), a firefighting agent linked to PFAS contamination, is believed to have been used and caused environmental harm.

The primary focus is on areas such as airports and fire training centers, classified as ‘Real Property Product ID Sites.’ For these locations, plaintiffs must meet certain procedural criteria: complaints must be filed and served by December 20, 2024, and a complete Plaintiff Fact Sheet must be submitted by the end of December, with any deficiencies corrected by January 17, 2025.

The process will involve the Defense Coordinating Committee, which will provide a proposed Product ID Profile Form by January 17, 2025. This form will help identify relevant sites by collecting basic details through a standardized checklist. It is designed to streamline the initial screening process without requiring plaintiffs’ verification or signatures, thus accelerating the site selection. By February, both parties are expected to agree on a list of 10 to 15 sites for a more thorough product identification discovery, which will begin immediately and last for six months. This discovery phase will include written and documentary discovery and depositions, all within the scope defined in the CMO to ensure focused and efficient proceedings.

The goal is to manage the complexities of the litigation effectively. A clear, predefined path is necessary to gather the evidence needed to address AFFF contamination claims, and this order is essential in organizing the water contamination lawsuits. Lawyers reached an agreement because this plan benefits both plaintiffs seeking compensation and defendants working on their defense strategies.

Which states in the U.S. are most vulnerable to PFAS contamination and environmental risks, and where should testing efforts be concentrated? It’s a complex issue, with the list of impacted states continuously growing. PFAS have infiltrated water systems, soil, and communities across the country, leaving no area untouched by the environmental and health risks they bring.

Every state faces its own set of challenges based on its geography, climate, and industrial activity. For instance, California, which is already battling severe wildfires like those currently affecting Los Angeles, is also dealing with significant PFAS risks. Firefighting foams, commonly used to tackle these fires, are a primary source of PFAS contamination in water supplies, necessitating immediate water quality testing in impacted areas. Florida, facing threats from coastal flooding and hurricanes, is at risk of PFAS spreading through saltwater intrusion and stormwater runoff. This is particularly concerning for communities near military bases or airports, where firefighting foam usage has been widespread.

Texas, another state dealing with PFAS, faces contamination near industrial centers and hurricane-prone areas, where storm surges can introduce PFAS into drinking water supplies. Similarly, Louisiana’s vulnerability to coastal erosion and powerful storms underscores the need for thorough water testing in regions near chemical plants and oil refineries, which are major contributors to PFAS pollution. Even states like New York, known for its environmental resilience, are facing significant threats from outdated infrastructure and PFAS contamination near former manufacturing sites and military installations.

In the Southwest, Arizona is grappling with ongoing drought conditions that are depleting groundwater resources, making PFAS testing a priority as communities become more dependent on aquifers. Further north, Michigan serves as a stark reminder of the PFAS crisis, with its history of contamination in cities like Parchment and Oscoda, as well as the ongoing repercussions from industrial pollution in places like Flint. The state remains a high-priority area for widespread PFAS testing and cleanup efforts.

On November 8, 2024, the federal court handling PFAS multidistrict litigation (MDL) approved the addition of two more cases: Town of Dundee, Florida v. AGC Chemicals Americas, Inc. and Henson v. AGC Chemicals Americas, Inc. These cases expand the growing MDL, which now encompasses 10,934 lawsuits as of November 1, 2024. The lawsuits highlight injuries caused by PFAS contamination in drinking water, and more cases continue to be filed.

The PFAS multidistrict litigation against major manufacturers, including 3M and AGC Chemicals, continues to grow. On October 29, 2024, seven significant cases were transferred from state courts to the federal MDL (2873). These cases allege widespread water contamination caused by PFAS chemicals. The Honorable Richard M. Gergel will oversee the management of these newly added lawsuits, further strengthening the pursuit of accountability for affected communities.

Recent PFAS lawsuits target prominent companies, including 3M, Corteva, DuPont, Oppermann Webbing, and Tyco Fire. While these lawsuits highlight key defendants, they represent only a fraction of the entities involved in the ongoing PFAS litigation. Over the past several decades, numerous companies have manufactured and sold products containing harmful PFAS chemicals, making them potentially liable for the devastating health impacts, including cancer diagnoses, experienced by victims. As investigations continue, more companies may face legal accountability for their role in the widespread contamination

PFAS chemicals are pervasive, found in crops, food, drinking water, products, and the environment. As a result, many individuals continue to reach out with questions about filing claims for PFAS-related health issues. Despite claims from defense lawyers representing the PFAS industry that “strong defenses are available,” we remain skeptical about these assertions. We are committed to helping victims and their families seek justice and compensation, and we encourage anyone affected by PFAS exposure to contact us for guidance on their legal rights.