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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.

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