Firefighting foam PFAS lawsuits paused due to government shutdown

PFAS class action overview:

• Who: A South Carolina federal judge paused 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for per- and polyfluoroalkyl substances (PFAS) contamination from firefighting foam.
• Why: The judge agreed to stay the cases due to the ongoing government shutdown.
• Where: The firefighting foam PFAS class action lawsuits were filed in South Carolina federal court.

ArA South Carolina federal judge has agreed to pause 22 cases in a multidistrict litigation seeking to hold the U.S. government liable for PFAS contamination from firefighting foam.

U.S. District Judge Richard M. Gergel granted a motion to stay the firefighting foam PFAS filed by the U.S. Department of Justice. The department argued it had good cause to pause proceedings because the lapse in appropriations is preventing it from performing its usual duties, including litigation, Law360 reports.

As a result, the 22 cases are paused until Congress appropriates funds to the DOJ, with all pending deadlines in those cases extended until the lapse in funding ends.

Judge previously found he could not rule on federal government’s jurisdictional arguments

The firefighting foam lawsuits are part of a multidistrict litigation involving thousands of cases that generally allege aqueous film-forming foams (AFFF) used in firefighting contain PFAS chemicals that contaminate groundwater.

The federal government has argued that claims against it related to pollution from the foams are barred under the Federal Tort Claims Act’s discretionary function exception and Section 113(h) of the Comprehensive Environmental Response, Compensation and Liability Act.

In February, Gergel ruled that he could not decide the federal government’s jurisdictional arguments at that time without additional information, according to a Law360 report.

What do you think of the judge’s decision to pause the firefighting foam PFAS class action lawsuits? Let us know in the comments.

The plaintiffs are represented by Michael A. London of Douglas and London P.C., Scott Summy of Baron & Budd P.C. and Joseph Rice of Motley Rice.

The multidistrict litigation is In re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. 2:18-mn-02873, in the U.S. District Court for the District of South Carolina.

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