4th Cir. Reverses Remand of States’ PFAS Contamination Lawsuits

BALTIMORE — The 4th Circuit U.S. Court of Appeals has reversed remand of two PFAS contamination lawsuits filed by the states of Maryland and South Carolina, ruling that 3M Co.’s military aqueous film-forming foam production is intertwined with the states’ general allegations of PFAS contamination, allowing the possibility of federal officer removal.

In a March 7 opinion, the appellate majority directed the district courts to consider “whether 3M plausibly alleged a colorable federal defense in each case with the understanding that 3M satisfied the nexus element for removal.”

In 2023, Maryland filed two overlapping lawsuits in state court against 3M …