In August 2022, a class action was filed in the District Court of Massachusetts alleging that paper manufacturing defendants and the owner of a commercial compost facility are responsible for the potential contamination of both real property and drinking water supplies in and around Westminster, Massachusetts. The complaint also alleges that the compost defendant sold contaminated products to a subclass of plaintiffs.

Of note for our readers, the plaintiffs brought this lawsuit after the Massachusetts Department of Environmental Protection (MassDEP) performed groundwater testing at a property owned by the compost defendant, which purportedly detected PFAS levels above MassDEP’s published standards. The plaintiffs relied on the MassDEP’s investigation regarding the potential cause of the groundwater contamination to identify the defendants included in their complaint.

This case highlights the continuing pattern of civil lawsuits following state and federal agency PFAS-related testing and investigations.