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West Virginia Utility’s PFAS Claims Survive Dismissal (Correct)

Dec. 21, 2020, 9:48 PM; Updated: Jan. 13, 2021, 4:24 PM

A West Virginia municipal water utility’s allegations that multiple companies allowed PFAS to contaminate its supply survived a challenge by steel and mining company ArcelorMittal in federal district court.

A judge in U.S. District Court for the Northern District of West Virginia Dec. 18 denied ArcelorMittal Weirton LLC’s motion to dismiss the Weirton Area Water board’s claims of public nuisance, negligence, and trespass related to per- and polyfluoroalkyl substance contamination in the city of Weirton’s water supply.

The utility sufficiently alleged that it’s entitled to relief and that ArcelorMittal’s Weirton plant discharged PFAS. The utility properly pleaded damages, but it’s...

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