What are PFAS?
PFAS (per- and polyfluoroalkyl substances) are a class of thousands of synthetic chemicals used since the 1940s in various industrial and consumer products. Known as “forever chemicals,” PFAS don’t break down naturally and accumulate in the environment and human body. Common PFAS include PFOA, PFOS, GenX, and PFBS, found in everything from non-stick cookware to firefighting foam to food packaging.
Current Case Status
There are currently thousands of lawsuits pending in federal court in the District of South Carolina, before Judge Richard Gergel. These cases have been brought by individuals who allege that PFAS contamination in their drinking water caused cancer and other serious conditions.
Judge Gergel is considering whether the plaintiffs can submit expert testimony that PFAS caused kidney cancer specifically. This is a significant decision that will impact next steps in the litigation.
Depending on the results of that decision, the first trial for a personal injury case will begin in October 2025.
The Legal Theory
PFAS lawsuits are built on multiple liability theories targeting manufacturers like 3M, DuPont, Chemours, and others:
- Water Contamination Claims: Public water systems and private well owners seek cleanup costs and damages for PFAS contamination.
- AFFF Claims (for Firefighters): Costs and damages related to Aqueous Film Forming Foam exposure, used by firefighters and military personnel to extinguish fires.
- Personal Injury Claims: Individuals exposed to PFAS in the water claim the chemicals caused kidney cancer, testicular cancer, liver disease, thyroid disorders, and other health conditions.
- Public Nuisance: PFAS contamination constitutes a substantial interference with public health and safety.
The Scientific Foundation
The C8 Science Panel (2005-2013) established “probable links” between PFOA exposure and six diseases: kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, pregnancy-induced hypertension, and high cholesterol. This independent scientific assessment, funded by DuPont settlement money, provided crucial epidemiological evidence. Additional studies continue linking PFAS exposure to liver cancer, decreased fertility, increased cholesterol, and immune system effects.
Key Legal Issues
- Causation: Proving specific PFAS exposure caused individual health conditions, given widespread environmental contamination and long latency periods.
- Corporate Knowledge: Establishing when manufacturers knew or should have known about PFAS health and environmental risks.
- Damages Apportionment: Allocating liability among multiple PFAS manufacturers and users, particularly for firefighting foam at military bases and airports.
- Remediation Standards: Determining appropriate cleanup levels given EPA’s extremely low health advisory levels (parts per trillion).
PFAS Timeline
1998 – Wilbur Tennant Lawsuit Filed Against DuPont
First PFAS lawsuit filed by West Virginia farmer whose cattle died from contamination near DuPont’s Washington Works plant. Environmental attorney Rob Bilott represented Tennant, establishing the legal foundation for all subsequent PFAS litigation.
May 2000 – 3M Announces Voluntary PFOS Phase-Out
3M announces voluntary phase-out of PFOS production after EPA negotiations, marking the first major corporate acknowledgment of PFAS concerns.
2001 – First PFAS Class Action Filed
Leach class action lawsuit filed on behalf of 80,000 people in West Virginia and Ohio water districts contaminated by DuPont’s PFOA releases from Washington Works plant.
January 2006 – EPA Launches PFOA Stewardship Program
EPA invites eight major companies to voluntary program to reduce PFOA emissions 95% by 2010 and eliminate by 2015.
2011-2013 – C8 Science Panel Findings
Independent scientific panel concludes “probable link” exists between C8/PFOA exposure and six diseases: kidney cancer, testicular cancer, ulcerative colitis, thyroid disease, pregnancy-induced hypertension, and high cholesterol.
May 2016 – EPA Issues First PFAS Health Advisory
EPA establishes lifetime health advisory level of 70 parts per trillion (ppt) for PFOA and PFOS in drinking water.
December 2018 – AFFF MDL 2873 Established
Judicial Panel establishes multidistrict litigation in U.S. District Court for District of South Carolina for PFAS-containing aqueous film-forming foam (AFFF) cases.
March 2021 – EPA Final Regulatory Determination for PFOA/PFOS
EPA issues final determination to regulate PFOA and PFOS under Safe Drinking Water Act, strengthening legal foundation for contamination claims.
June 2022 – EPA Dramatically Lowers PFAS Health Advisories
EPA releases updated interim health advisories: PFOA at 0.004 ppt and PFOS at 0.02 ppt (down from 70 ppt in 2016).
December 2022 – 3M Announces Complete PFAS Exit
3M announces it will exit all PFAS manufacturing by end of 2025, representing $1.3 billion in annual sales.
April 10, 2024 – EPA Finalizes First National PFAS Drinking Water Standards
EPA issues final regulation setting enforceable limits: 4 ppt for PFOA and PFOS individually, protecting approximately 100 million people.
October 20, 2025 – First Personal Injury Bellwether Trial Scheduled
First personal injury bellwether trial in AFFF MDL scheduled, focusing exclusively on kidney cancer claims.