Federal Court rejects 3M’s attempt to remove the State of Vermont’s PFAS case from state court

The State filed this lawsuit against 3M and several other corporate defendants in 2019 for their manufacture and sale of per- and polyfluoroalkyl substances or “PFAS,” also know as “forever chemicals.”  PFAS are toxic chemicals that have caused widespread pollution of Vermont’s natural resources. After almost five years of litigation in Vermont state court, 3M removed the State’s case to federal court on the ground that it had allegedly made PFAS products in Vermont for customers of the federal government.  In April 2024, the Honorable William K. Sessions III of the U.S. District Court for the District of Vermont ruled that 3M’s attempt to remove the case to federal court was untimely and sent the State’s case back to state court.  3M has appealed this order to the Second Circuit Court of Appeals. In February 2025, Matt Pawa argued for the State in the Second Circuit seeking to affirm the remand order. Meantime, the is proceeding toward trial in 2025 in Vermont state court.