Public water systems in California are taking legal action against manufacturers of per- and polyfluoroalkyl substances (PFAS) in what could be a landmark case for the water industry.
Orange County Water District and over a dozen other California water utilities filed a lawsuit in in early April against seven manufacturers of PFAS, including Dynax America Corp. and Arkema Inc.
The lawsuit, filed filed in Los Angeles federal court, cites the Environmental Protection Agency's (EPA) recently finalized drinking water standards for PFAS as a key piece of evidence. The EPA standards, which set strict limits for certain PFAS compounds in drinking water, provide public water systems with a clearer legal benchmark for demonstrating harm caused by PFAS contamination.
This lawsuit is one of the first to leverage the EPA's new PFAS drinking water standards in litigation against PFAS manufacturers. The EPA standards establish a defined threshold for acceptable PFAS levels in drinking water, potentially strengthening water utilities' cases in court. The lawsuit seeks financial compensation from the manufacturers to cover the costs of remediating PFAS contamination.
This lawsuit is likely to be transferred to a centralized federal court in South Carolina that is handling similar PFAS cases nationwide. A multi-district litigation trial against many of the defendants named in the California lawsuit is expected in September 2024.
The outcome of this case could set a precedent for future PFAS litigation between water utilities and manufacturers. The court's interpretation of the EPA's new PFAS drinking water standards will be closely watched by the water industry.
The case is Orange County Water District et al. v. AGC Chemicals Americas Inc. et al, in the U.S. District Court for the Central District of California, case NO. 8:24-cv-00820.
