Seventh Circuit Keeps PFAS Lawsuit in State court
The State of Illinois sued 3M alleging the company’s Cordova Facility caused PFAS contamination in the Mississippi River in violation of state environmental protection laws. 3M’s Cordova Facility is located along the Mississippi River’s banks and chemicals containing PFAS are manufactured at the facility.
3M sought to remove the lawsuit to federal court, arguing the PFAS contamination in the Mississippi River could have come from the Army’s Rock Island facility (which is also located on the Mississippi River), and that it had immunity from any state law violations under the government contractor defense. The State argued the case should stay in state court because the lawsuit did not seek any relief from PFAS contamination linked to the Army’s Rock Island facility.
The district court ruled in favor of the State and 3M appealed. The Seventh Circuit Court of Appeals upheld the district court’s decision to keep the lawsuit in state court, holding the government contractor defense was not available to 3M because the State’s lawsuit only sought relief for PFAS contamination derived solely from the Cordova Facility. As the State’s lawsuit sought no relief for PFAS contamination from the Amy’s facility, the Court ruled 3M could not raise a federal defense and remove the lawsuit to federal court. State of Illinois v. 3M Company.
Post Authored by Tyler Smith, Ancel Glink
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