The First Circuit Courtroom of Appeals has blocked the 3M Co.’s try and take away New Hampshire’s PFAS chemical case to federal courtroom.
The appeals courtroom affirmed a 2023 order by the U.S. District Courtroom for the District of New Hampshire remanding the case again to state courtroom.
“This victory will permit us to maneuver ahead with our case and proceed to pursue damages for PFAS contamination of our state’s water, soil, and different pure sources,” mentioned New Hampshire Legal professional Common John M. Formella. “Corporations like 3M made billions of {dollars} from the manufacturing of PFAS chemical compounds with out disclosing to the general public the numerous threats to human well being and the setting, and we intend to carry them accountable for the hurt they’ve triggered.”
Whereas 3M has had success with related appeals in different states’ PFAS circumstances, Formella mentioned New Hampshire efficiently argued that 3M’s try and take away the case to federal courtroom was premature, coming no less than two years too late beneath relevant legislation.
New Hampshire claims there are greater than 200 websites contaminated with PFAS within the state.
That is the newest growth within the state’s efforts to carry 3M and different producers of PFAS to account for widespread PFAS contamination.
The state has a separate PFAS lawsuit centered on aqueous film-forming foams (AFFF) that’s a part of a multi-district litigation within the U.S. District Courtroom for the District of South Carolina. Final August, New Hampshire introduced it could be receiving greater than $65 million from the 3M and DuPont to settle a number of complaints in that litigation over contamination of public water programs.
Per- and polyfluoroalkyl substances – often called PFAS— are extensively used, lengthy lasting chemical compounds, parts of which break down very slowly over time. Research have proven that publicity to some PFAS within the setting could also be linked to dangerous well being results in people and animals.
PFAS have been used for many years to fabricate shopper merchandise, together with non-stick cookware, stain-resistant furnishings and carpets, waterproof clothes, microwave popcorn luggage, quick meals wrappers, pizza containers, shampoo, dental floss, and ski wax, in accordance with the New Hampshire Division of Well being and Human Companies. They’ve additionally been utilized in sure firefighting foams and numerous industrial processes.
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