New PFAS lawsuit cites EPA's 'forever chemicals' drinking water rules

A new lawsuit filed by public drinking water systems in California against manufacturers of toxic "forever chemicals" is among the first to cite new Biden administration regulations that set strict limits for the chemicals in drinking water.

The Orange County Water District and more than a dozen other California water utilities filed the lawsuit in Los Angeles federal court on Friday against seven manufacturers of per- and polyfluoroalkyl substances, or PFAS, including Dynax America Corp. and Arkema Inc. The lawsuit accuses the manufacturers of negligence and of creating a nuisance by contaminating water with PFAS, and seeks money to remediate that contamination.

PFAS are a class of chemicals used in thousands of consumer and commercial products including firefighting foams, nonstick pans and stain resistant fabrics. They are often called forever chemicals because they do not easily break down in nature or the human body.

While the U.S. Environmental Protection Agency standards finalized on April 10 only apply to drinking water systems and do not directly regulate manufacturers, the lawsuit could be an example of how drinking water systems could use the regulations in court to their benefit.

Legal experts say that's because the rules create an unambiguous standard for what levels of PFAS in drinking water are acceptable, and so could make it easier for water systems to prove they have been harmed by the pollution.

Spokespeople for the parties did not immediately respond to requests for comment on Monday.

The lawsuit is likely to be transferred to a federal court in South Carolina where hundreds of similar cases have been centralized. A trial against many of the defendants named in Orange County's lawsuit by water systems across the U.S. is expected in September.

The South Carolina litigation has already resulted in several major settlements worth over $11 billion between water systems and chemical companies like 3M, DuPont de Nemours Inc., Chemours, Corteva and Johnson Controls subsidiary Tyco Fire Products.

The case is Orange County Water District et al. v. AGC Chemicals Americas Inc. et al, in the U.S. District Court for the Central District of California, case NO. 8:24-cv-00820.

For the plaintiffs: Kenneth Sansone of SL Environmental Law Group and Daniel Robinson of Robinson Calcagnie

For the defendants: Not immediately available