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Forever Litigation: the PFAS Project

DuPont, 3M Dispute Nuisance Liability for PFAS in California

Nov. 23, 2020, 5:01 PM

3M Co. and E.I. DuPont de Nemours Inc. urged the Central District of California to dismiss a California water utility’s public nuisance claims, arguing it hasn’t shown they caused PFAS contamination of the state water supply.

Golden State Water Co.'s assertion that the companies “directed and instructed” intermediaries and end users of their products to dispose of them in a way they should have known may cause contamination doesn’t show the kind of affirmative conduct needed for liability, the companies say.

The utility failed to explain what instruction or direction it was referring to or which of them provided the...

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