Federal Court remands Maine PFAS lawsuit to state court

A federal court in Maine has granted the State of Maine’s motion to remand to state court its per- and polyfluoroalkyl (“PFAS”) “forever chemicals” lawsuit to state court.  Represented by Pawa Law Group attorneys, the State of Maine brought two lawsuits against 3M, DuPont, and other manufacturers of PFAS: the first alleging harm to the State’s natural resources from fire-fighting foam containing PFAS (“Aqueous Film Forming Foam” or “AFFF”), and the second alleging harm from PFAS contamination stemming from products other than AFFF.  The State did not oppose 3M’s removal of its AFFF case to federal court nor its subsequent transfer to the In re: Aqueous Film-Forming Products Liability Litigation MDL proceeding in the United States District Court for the District of South Carolina.  The State did, however, oppose the removal of its non-AFFF case, which has to do with defendants’ manufacture, marketing, and sale of consumer and industrial products it knew were toxic and would cause significant environmental contamination.  In its notice of removal, 3M claimed that the federal court had jurisdiction because the contamination from non-AFFF sources of PFAS at issue in the case allegedly commingles with contamination from AFFF, which 3M says creates a federal issue allowing removal.  But the State’s non-AFFF lawsuit expressly disclaimed “seeking relief for all AFFF-related contamination.”  The District Court credited the State’s disclaimer, holding that the “State’s disclaimer is express, unambiguous, and plain, and in the Court’s view, fits within the category of express disclaimers courts have found effective to justify remand order.”  Op. at 21.  Accordingly, Judge Woodcock remanded the case to state court; 3M has appealed the ruling but in the meantime case is proceeding in state court.