Government Denies Any Liability for PFAS-Based Foam Damage

The federal government bears no liability for any alleged damage from the military or other federal users of PFAS-based firefighting foams, the Department of Justice told a federal court in a statement recently filed in a multidistrict lawsuit consisting of thousands of individual cases.

“Tort claims based on conduct by the United States Air Force, United States Army or other agencies of the United States government are barred by the discretionary function exception, as the Air Force, Army and other agencies did not violate any mandatory and specific directives” in choosing to use PFAS-based aqueous film-forming foams (AFFF), handling them, ...