While many are growing weary of yet another headline regarding PFAS (per- and polyfluoroalkyl substances), this group of chemicals continues to dominate environmental regulatory discussions, and the lawsuits include an increasingly wide range of potential defendants. In this blog, we look at what makes this particular environmental contaminant unique and some potential proactive steps you might consider.
PFAS Liability Impacts Thousands of Companies
Unlike other environmental contaminants that were more industry-specific (e.g, perchloroethylene or PERC and dry cleaners), PFAS have been used for decades in not only industrial applications like firefighting foams and mist suppressants but also in many common consumer products ranging from fast-food wrappers, dental floss, cosmetics, non-stick cookware, stain-proof carpeting, and water-repellent clothing, to name just a few. There are estimated to be tens of thousands of products that contain PFAS across a wide range of businesses.
The usefulness of PFAS in such a wide variety of products, the decades of manufacturing and application, and the number of PFAS that have been produced have created an environmental regulatory and environmental liability scenario unlike anything we have seen in the past. The liability has resulted in some eye-popping settlements, including the 3M multi-billion-dollar settlement to address impacts to public water systems.
Recently, the United States Department of Justice announced that Chemours agreed to a $450M “Landmark Settlement Agreement for Releases of PFAS Forever Chemicals” in West Virginia, North Carolina, and New Jersey. According to the release, “This is the first comprehensive settlement by the federal government to resolve enforcement claims over pollution by a manufacturer of forever chemicals.”
While we all may be growing weary of the constant “PFAS News cycle,” it is because it’s a low bar for “entry” into PFAS liability and the risk is so great that it demands our continued attention (Image purchased from Shutterstock).
AFFF PFAS Lawsuits
Apart from the lawsuits against the PFAS manufacturers, much of the litigation surrounding PFAS has been focused on the impacts from Aqueous Film Forming Foam (AFFF), which has affected water supplies in areas surrounding airports, military bases, and other areas where the fire suppressant has been used. See our June 8, 2026, blog regarding a $10 million AFFF settlement in Wisconsin.
There is also the pending litigation in the United States District Court, District of South Carolina: “This multidistrict litigation currently pending before this Court has had approximately 10,000+ associated cases opened as direct filed or transferred, comprised of tens of thousands of plaintiffs, since its inception. These cases all involve varied causes of action and claims relating to per- or polyfluoroalkyl substances (PFAS). Plaintiffs generally allege that aqueous film-forming foams (AFFFs) containing perfluorooctanoic acid (PFOA) and/or perfluorooctane sulfonate (PFOS), two types of PFAS, contaminated groundwater near various military bases, airports, and other industrial sites where AFFFs were used to extinguish liquid fuel fires. The plaintiffs allege that they were caused personal injury, a need for medical monitoring, property damage, or other economic losses” (our emphasis).
PFAS Liability Not Limited to Typical Soil and Water
Again, departing from historical environmental contaminants, litigation of PFAS is not limited to impacts to soil, water, or groundwater. From the law firm Steptoe: “PFAS litigation is not limited to environmental exposure or drinking water contamination. The State of Texas, for example, recently sued PFAS manufacturers for falsely advertising PFAS-containing household products as being safe for families. And the plaintiffs’ bar has taken the fight to consumer products, suing multiple technology companies for allegedly having PFAS in wearable products, suing food and beverage companies for PFAS allegedly found in packaging, and suing pharmaceutical companies for PFAS found in bandages, among many others. In short, PFAS litigation is growing both in terms of the number of lawsuits filed, the types of plaintiffs bringing the suits, and the number of industries impacted (our emphasis).
We have documented some of these atypical lawsuits that include packaging for butter and smoothies.
PFAS CERCLA Liability
All of this is ahead of the potential lawsuits that may be forthcoming with CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) liability now that two PFAS are CERCLA Hazardous Substances (Perfluorooctanoic acid, or PFOA, and Perfluorooctanesulfonic acid, or PFOS).
Earlier this year, Inside EPA (paywall) reported, “Local and state governments and water systems are among the plaintiffs beginning to file claims under the Superfund law over PFAS contamination, pursuant to EPA’s designation of two legacy PFAS as ‘hazardous substances,’ though the flood of such claims has not yet occurred despite expectations that they will, legal experts say.”
The Inside EPA article points out that at least two cases have been filed under CERCLA cost recovery: Town of Pepperell, Massachusetts v. Georgia-Pacific, et al. and Chelmsford Water District, Massachusetts v. Electrometals, Inc., et al.
Are There Proactive Steps That Companies Can Take?
PFAS will likely continue to be a significant liability concern for the foreseeable future. To that end, the blog from Steptoe offers the following to consider.
In the area of environmental suits, companies should consider (1) reviewing company history and potential usage of PFAS (though realizing that the chemicals may not have been called “PFAS” at the time), (2) assessing firefighting systems historically and currently on site, as well as history of fires and potential AFFF usage, (3) analyzing potential nearby sources (e.g., airports, military bases, firefighter training facilities, rail accidents, rivers), and (4) paying attention to local and state regulations that are not immediately obvious (e.g., real estate law requirements for sellers to disclose PFAS contamination). In the area of consumer product suits, companies should consider (1) phasing out PFAS usage in their products, (2) reviewing their advertising statements, (3) testing their products for the presence of PFAS (with assistance from counsel, to provide work-product protections), and (4) reviewing their supply chain contracts for indemnification clauses, as well as their insurance policies.
While we may be growing weary of the constant “PFAS News cycle,” it is because it’s a low bar for “entry” into PFAS liability and the risk is so great that it demands our continued attention.
PFAS Technical Expertise
If you have questions or need assistance with a PFAS-related issue, we can help. We have hands-on experience in assessment/remediation of PFAS, and we have provided litigation support on several projects involving PFAS. For more information, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
This blog was reviewed by Matthew Schroeder, M.S., P.E. Matt is a senior environmental engineer at Dragun Corporation. Matt has 30 years of experience with soil and groundwater remediation, vapor intrusion, and, more recently, with PFAS. Specific to PFAS, Matt has completed the ITRC PFAS Training; is a member of the Michigan PFAS Action Response Team, Treatment Technology Roundtable, and Michigan Manufacturers Association PFAS Work Group; and participated in the PFAS Experts Symposium. Matt is a frequent speaker, author, and expert witness. See Matt’s bio.
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