Fourth Circuit Declines to Reconsider Removing 3M PFAS Case

The full Fourth Circuit on Wednesday declined to rehear Maryland and South Carolina’s bid to keep their “forever chemicals” pollution case against 3M Co. in state courts after a panel initially sided with the company.

The judges’ previous majority opinion allowed 3M to remove the case, which claimed the company contaminated waterways and the environment with per- and polyfluoroalkyl substances (PFAS).

Plaintiffs said the decision conflicted with circuit court precedent, which holds that federal officer jurisdiction hinges on the actual conduct charged in a lawsuit. Federal officer jurisdiction allows a case to be moved to federal court and can shield ...