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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.
