The state of Michigan’s lawsuit seeking damages from manufacturers of per- and polyfluoroalkyl substances, better known as PFAS, recently overcame several motions to dismiss filed by defendants.
Kent County Circuit Court Judge George Jay Quist heard arguments on the case filed by Attorney General Dana Nessel in January. The judge denied multiple dismissal motions, paving the way for Michigan’s PFAS litigation to move forward.
“We are eager to proceed with discovery and push the case forward now that the defense motions have been denied,” said Nessel. “The court’s orders affirm that the State can continue to make its case to hold these companies responsible for the impacts of these ‘forever chemicals’ on the environment and on public health.”
The case pending in Kent County will now move into discovery, the stage of litigation in which the parties seek and provide information from one another as allowed under court rules.
The Kent County case against manufacturers of PFAS and PFAS-containing products other than firefighting foam is part of a multi-pronged strategy to find and address PFAS contamination in the State of Michigan.
The attorney general last week filed a pair of complaints in state and federal court seeking damages and costs of PFAS contamination from firefighting foam known as AFFF (aqueous film-forming foam).
“The state is always willing to work cooperatively with responsible parties, but we are prepared to litigate when needed to address PFAS contamination affecting our environment and public health,” said Nessel.
Quist denied a total of eight motions to dismiss and granted one, for Arkema France. After last week’s rulings, the following defendants remain in the case:
3M Company
E.I. DuPont De Nemours and Company
The Chemours Company
The Chemours Company FC LLC
DowDuPont Inc.
Corteva Inc.
DuPont De Nemours Inc.
Dyneon LLC
Archroma U.S. Inc.
Archroma Management LLC
Arkema Inc.
AGC Chemicals Americas Inc.
Daikin America Inc.
Daikin Industries Ltd.
Solvay Specialty Polymers USA LLC
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