In a landmark legal move, several California public water systems, led by the Orange County Water District, have initiated a lawsuit against major chemical manufacturers over the contamination of water resources with per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals." This action, filed in a federal court in Los Angeles, targets seven manufacturers, including Dynax America Corp. and Arkema Inc., alleging negligence and the creation of a public nuisance due to their role in PFAS contamination. The utilities are seeking compensation for the necessary remediation of the affected water supplies.

This lawsuit is one of the first to leverage the Biden administration's recently enacted regulations that impose stringent limits on PFAS levels in drinking water. Although the U.S. Environmental Protection Agency's standards, finalized on April 10, are specifically aimed at drinking water systems and do not impose direct regulations on manufacturers, they establish a clear benchmark for acceptable PFAS levels. Legal experts suggest that these standards provide water systems with a robust basis to demonstrate the harm caused by PFAS pollution, potentially simplifying the legal challenges involved in seeking redress.

The manufacturers involved did not immediately respond to requests for comments regarding the lawsuit. The case is expected to be consolidated with other similar actions in a federal court in South Carolina, where a pivotal trial involving multiple defendants, including some named in the California lawsuit, is set for September. This collective legal action has already led to several substantial settlements, with agreements exceeding $11 billion reached between affected water systems and chemical companies like 3M, DuPont de Nemours Inc., Chemours, Corteva, and the Tyco Fire Products unit of Johnson Controls.

The ongoing litigation underscores the growing scrutiny and legal challenges facing chemical manufacturers over the environmental and health impacts of PFAS. These developments signal a significant shift in how regulatory standards may influence future legal outcomes for communities grappling with pollution and its consequences.