PFAS Claim Against Chemical Giants Survives Motion to Dismiss in Maine Federal Court
"Defendant 3M conducted studies in the 1950s and early 1960s that showed its perfluorooctanesulfonate (PFOS) accumulates in the human body and is toxic," stated U.S. Magistrate Judge John C. Nivison, in his written opinion for the court. "By the 1970s, additional 3M studies revealed that its PFOS products were 'even more toxic' than previously believed.
October 09, 2023 at 06:15 PM
8 minute read
The Maine district court denied Solenis, BASF, and 3M's motion to dismiss claims brought by homeowners in the town of Fairfield which alleged that a paper mill and the chemical companies are responsible for the contamination of their water with per- and polyfluoroalkyl substances (PFAS).
In Lawrence Higgins v. Huhtamaki, Inc., the plaintiff homeowners alleged that their groundwater wells are contaminated with PFAS, exposing the residents to health risks as a reult of the paper mill's manufacturing process. Allegedly, discharge into surface water, onto land, and into wastewater of contaminating biosolids from a nearby water treatment facility resulted in those biosolids being spread as fertilizer on the agricultural fiends near the plaintiff's homes. Solenis, BASF, and 3M, argued that the plaintiffs have not alleged an actionable claim under Federal Rule of Civil Procedure 12(b)(6), according to the opinion.
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