On Monday, July 8, Kanner & Whiteley filed the first state action under CERCLA for response costs and natural resource damages stemming from the military’s contamination of the environment with PFAS at five New Mexico military facilities.
Filed as an Amended Complaint to New Mexico’s pre-existing action in In re Aqueous Film-Forming Foams Products Liability Litigation, MDL 2873, the action results from a new EPA regulation designating certain PFAS as “hazardous substances” under CERCLA, which became effective the same day the Amended Complaint was filed.
The Amended Complaint can be found here, a press release from the New Mexico Environment Department can be found here, and an informative article from Law360 may be found here.