Fifteen California Cities and Water Districts File a Lawsuit on the Heels of EPA’s Announcement of MCLs for PFAS in Drinking Water

Farella Braun + Martel LLP

Two days after EPA announced Maximum Contaminant Levels (MCLs) for six PFAS in drinking water, 15 California cities and water districts filed a lawsuit seeking injunctive relief and damages, based in part on the requirements imposed by those new standards. The complaint states that a principal purpose of the lawsuit is to recover the costs of cleaning up PFAS contamination in groundwater allegedly caused by PFAS-containing products manufactured by the eight defendants. The lawsuit, filed in federal district court, alleges contamination by “PFOA, PFOS, PFBS, PFHxS (and other PFAS compounds that may subsequently be regulated)” and asserts claims based on strict products liability, negligence, trespass, nuisance, and other state law theories. The complaint in Orange County Water District, et al. v. AGC Chemicals Americas, Inc., et al. was filed on April 12, 2024, in the Central District of California, and can be found here.

A principal purpose of this lawsuit is to hold Defendants liable for the costs the Plaintiffs have incurred, and expect to incur, to clean up the groundwater contamination in the Basin caused by PFAS-containing products manufactured by the Defendants which were introduced into the stream of commerce.

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