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.