Per- and Polyfluoroalkyl Substances (PFAS)

Product liability, occupational exposure, and nuisance claims for personal injury and property damage are also increasing. Aggressive and well-funded plaintiffs’ firms have begun bringing actions on behalf of individuals, water providers, water districts and state and local governments over alleged water contamination resulting from PFAS releases. In New York, plaintiffs have won class certification of claims that include medical monitoring. Because PFAS chemicals may be found in a broad range of products – such as carpets, cardboard boxes, industrial equipment, firefighting foams and apparel – the threat of lawsuits is real for companies in a diverse range of industries.

PFAS Regulatory and Litigation Experience

Having advised clients and interacted with regulators on PFAS regulatory issues for more than a decade, we offer clients a robust understanding of the science and legal theories relating to the perceived environmental exposure issues surrounding PFAS. As the EPA and numerous state environmental departments address the complex issues surrounding testing, regulatory standards, and remediation goals and technologies for PFAS, this experience will be critical in helping clients navigate what will be new, and likely conflicting, requirements across the nation.

Our deep familiarity with PFAS is bolstered by our extensive experience defending clients in class-action and community-wide environmental tort litigation. This includes tort claims involving chemicals such as MTBE and hydrocarbon and chlorinated solvents. We understand the tactics of plaintiffs’ firms in these types of matters, including how to respond to dockets of “copycat” cases on behalf of multiple plaintiffs in multiple jurisdictions.

Our work in defending “neighborhood” cases involving toxic exposures directly translates to PFAS litigation. We have successfully defended against alleged exposures to TCE, TCA and PCE, vinyl chloride, polychlorinated biphenyls, dioxins, benzene, creosote, beryllium, fungicides and mixed chemical contamination at hazardous waste sites. We have faced the whole gamut of medical claims, including cancer, endocrine disruption, birth defects, immune dysfunction, neurological injury, and multiple chemical sensitivities, as well as claims for medical monitoring, natural resource damages, diminished property values and lost profits. We have defended against cutting-edge liability theories, including those arising out of Hurricane Katrina. And most importantly, we have won major cases before juries and successfully resolved others through dispositive motions, exclusion of experts, mediation, arbitration, and summary jury trial.

Why Crowell & Moring?

In short, we know the science; we know the governing regulatory regimes; we know how to litigate and try environmental and occupational exposure matters whatever form they may take; and we know how to tackle multi-pronged challenges such as this – including the early minimization and management of risk.