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Plaintiffs Seeking to Expand Scope of PFAS Actions

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by Mitchell J. Klein

Because proving who is responsible for introducing PFAS contamination into water supplies can be difficult and expensive, and pursuing government entities such as military bases, firefighting training facilities and airports is particularly problematic, the manufacturers of PFAS-containing products appear to be easier targets. Thus, private well owners and public water utilities that have found these chemicals in their water supplies have filed lawsuits across the country against the manufacturers of those chemicals rather than filing against the users of them.

The latest wrinkle comes from lawsuits where the plaintiffs cannot even show they have been harmed. These plaintiffs want to compel the manufacturers to test their wells, so that they need not incur the expense of doing so.

It further appears that these plaintiffs are seeking to have their claims eventually brought as part of a vast class action spanning the country, in order to determine the national scope of the problem.