DuPont/Chemours Trial. On June 30, 2025, the next bench trial phase or “mini-trial” commenced in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No....more
On May 13, New Jersey Attorney General (AG) Matthew Platkin announced a proposed $450 million settlement agreement with 3M regarding allegations that, among other issues, contamination of perfluoroalkyl and polyfluoroalkyl...more
New Jersey AG Matthew Platkin announced a $450 million settlement with 3M to resolve allegations that the company contaminated the state’s water supplies with harmful “forever chemicals,” or PFAS. According to the state’s...more
On May 12, 2025, 3M announced an agreement with the State of New Jersey to resolve two sets of legal liabilities related to PFAS contamination: (1) all claims that the company is currently facing or has faced related to PFAS...more
Another major settlement was announced this week in New Jersey in consolidated cases filed by the New Jersey Department of Environmental Protection and other state entities. (You can review the Judicial Consent Order here as...more
The U.S. District Court for the District of South Carolina approved two major settlements in the multidistrict litigation (“MDL”) that consolidated thousands of cases related to per- and polyfluoroalkyl substances (“PFAS”)...more
A state attorney general (AG) and a major American corporation recently battled over the scope and applicability of the government contractor defense....more
Judge Richard Gergel of the United States District Court for the District of South Carolina, the judge who is overseeing multi-district litigation concerning aqueous film-forming foam (AFFF), yesterday gave final approval to...more
In February 2018, Ohio become the first state to sue DuPont alleging that the company had released perfluorooctanoic acid (PFOA) into the environment. Since then, multiple state attorneys general (AG) have continued to weigh...more
I recently had the opportunity to visit with Cally Edgren, a Senior Director of the Regulatory Expert team at Assent, who has nearly three decades of experience in manufacturing and has dedicated her career to helping...more
Deadlines are upcoming related to the multi-district per- and polyfluoroalkyl substances (PFAS) litigation. The relevant settlements are with DuPont, Chemours, and Corteva (collectively, DuPont) and 3M, parties who allegedly...more
On October 26, Delaware Attorney General (AG) Kathleen Jennings filed a lawsuit against fourteen chemical companies for allegedly contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS)...more
Delaware Attorney General Kathleen Jennings filed a lawsuit in late October against 14 defendant chemical companies for manufacturing and sale of fire-fighting foams that contained PFAS, known as “forever chemicals,” used...more
California AG Rob Bonta, along with three other states and the District of Columbia, filed an amicus letter expressing concerns with 3M’s revised proposed class action settlement with public water suppliers to remediate the...more
On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more
Public water utilities and 3M have until August 28 to respond to the bipartisan coalition of 22 state attorneys general (AGs) that opposes their proposed $12.5 billion class action settlement over alleged per- and...more
A bipartisan coalition of attorneys general (AGs) from 22 states is urging the federal district court in South Carolina to reject a proposed $12.5 billion settlement between 3M and a group of public water utilities, who are...more
In May I wrote about a manufacturer of Aqueous Film Forming Foam (AFFF) excused from the PFAS Multi-District Litigation in South Carolina because its PFAS-related liabilities might exceed its assets which is something for a...more
Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform...more
Bloomberg is reporting that 3M and the two companies responsible for the liability of what used to be DuPont have agreed to pay $100 million to settle a lawsuit brought by the City of Rome, Georgia for the cost of engineering...more
PFAS, also known as Per-and poly-fluoroalkyl substances can be found in numerous industrial products. In South Carolina, United States District Court Judge Gergel presides over the PFAS multidistrict litigation (MDL). The MDL...more
On November 10, 2022, California Attorney General Rob Bonta announced that he had filed a lawsuit against 3M, DuPont, and sixteen other companies for their roles in manufacturing per- and polyfluoroalkyl substances (PFAS)....more
Per- and poly-fluoroalkyl substances, commonly known as PFAS, have served as a key component in numerous industrial and consumer products for decades. These “forever chemicals,” which have been associated with environmental...more
On May 25th, Massachusetts filed suit against a number of companies alleged to have manufactured PFAS and/or aqueous film-forming foam. Massachusetts joins a number of other states which have already brought similar...more
In our last issue we covered the expansive class certification in the Hardwick v. 3M Co. case pending in the Southern District of Ohio. As we noted at the time, Rule 23(f) permits an immediate appeal without waiting for a...more