MDL Track
MDL 2873
D.S.C.
Environmental · litigation and regulatory activity around per- and polyfluoroalkyl substance contamination
Defendant
3M Company
MDL / Track
MDL 2873
D.S.C.
Judge
Judge Richard M. Gergel
Plaintiffs
15,213 active personal injury cases
Bellwether / Trial
Settlement Status
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Case overview
PFAS litigation has expanded beyond the AFFF firefighting-foam MDL into parallel enforcement actions by state attorneys general and consumer class actions targeting non-foam product lines. Connecticut's January 2024 complaint in Hartford Superior Court (State v. EIDP, Inc., et al.) seeks natural resource damages and civil penalties for statewide contamination, explicitly excluding AFFF claims handled separately. In Minnesota federal court, plaintiffs filed a 355-page RICO class action (Peterson v. 3M Co., 0:24-cv-03497-JMB-DLM, Aug. 30, 2024) alleging a decades-long 'PFAS Concealment Enterprise' involving carpet stain-protection products, with claims spanning racketeering, fraud and warranty breaches. The Sixth Circuit is currently reviewing class certification in Hardwick v. 3M Co., where plaintiffs seek medical monitoring for a proposed class defined by blood-PFAS levels without specific injury allegations.
Causation Theory
PFAS toxicity rests on the carbon-fluorine bond, one of chemistry's strongest, rendering these compounds persistent, mobile and bioaccumulative. Connecticut's complaint cites state agency findings that PFAS including PFOA, PFOS and chloropolyfluoroether sulfonic acids pose serious drinking water threats. The Minnesota carpet litigation alleges indoor PFAS exposure occurs throughout product lifecycle—off-gassing, dust release and degradation—citing manufacturer knowledge dating to the 1970s that C8 compounds caused health and environmental damage, followed by deliberate transition to C6 alternatives without adequate disclosure.
Case Management Orders
Litigation status
PFAS litigation spans multiple parallel tracks: MDL 2873 (AFFF/personal injury) in S.C. before Judge Richard Gergel; state enforcement actions including NJDEP v. DuPont/Chemours, 19-cv-14766 (D.N.J.) where $2.5B in settlements await final approval; and D.C. Circuit challenges to EPA drinking water standards in American Water Works Ass'n v. EPA, No. 24-1188. Bellwether trials in MDL 2873 are expected in 2026.
MDL Track
MDL 2873
D.S.C.
State Court Activity
NJDEP enforcement action 19-cv-14766 (D.N.J.) with $2.5B settlement package; Delaware $25M additional DuPont payment January 2026; Minnesota carpet class action dismissed September 30, 2025 (Peterson v. 3M, D. Minn.)
Geographic exposure
Federal MDL 2873 (In re: Aqueous Film-Forming Foams Products Liability Litigation) consolidates over 8,000 cases nationwide. EPA enforceable limit of 4 ppt for PFOA and PFOS effective 2024. Contamination detected at hundreds of military installations; Defense Department cleanup costs projected in billions over multi-year timeline.
State secured $450 million settlement with 3M (May 2025) and $393 million from Solvay; ongoing litigation against DuPont seeks over $1 billion. 63% of community water systems contain detectable PFAS; 84% of population affected. DuPont Chambers Works facility (Salem County): 168 of 341 private wells exceed limits. Joint Base McGuire-Dix-Lakehurst (Burlington County): 75 contaminated wells within 5 miles. Camden County: 34 systems with PFAS 12-2,200 ppt. State lawsuit filed November 2024. NJDEP estimates ~500,000 people (6% of population) affected.
Record-breaking PFAS contamination documented January 2025: Merriam's kangaroo rat liver sample at 120,000 ng/g; salt cedar sample at 30,000 ng/g — highest recorded levels in wildlife and plants worldwide per state officials. Contamination from AFFF firefighting foam used 1970s-2019. New Mexico Department of Health issued hunter advisory January 2025 for waterfowl consumed 2010-2024. Hunting prohibited since 2019. Air Force in CERCLA remedial investigation phase since 2022; $2.9 million spent on investigation.
State fined base $99,000 for July 2024 spill of over 7,000 gallons PFAS-contaminated wastewater. Ongoing legal battles between state and federal officials over cleanup at both Holloman and Cannon.
Over 600 documented or suspected PFAS sites statewide including industrial complexes, firefighting training areas, and waste-disposal sites. DEEP banned fluorinated firefighting foam. DPH set Action Levels for 10 PFAS (expanded June 2023). Multiple class-action suits filed against water suppliers. State aligned drinking water standards with neighboring states.
Key defendants
3M Company
Role: Manufacturer
Core PFAS manufacturer named in Connecticut state action (Jan. 2024), Minnesota carpet class action (Aug. 2024, 0:24-cv-03497), and Red Cliff Band AFFF suit (D.S.C. 2:22-cv-03668-RMG). Exited PFAS production ~2020. Facing RICO allegations in Minnesota carpet litigation alongside EIDP and Chemours.
EIDP, Inc.
Role: Manufacturer
Former E.I. du Pont de Nemours ('Old DuPont') named in Connecticut PFAS complaint (Jan. 2024) and Minnesota carpet class action. Successor liability hub for pre-2015 PFAS conduct. Motion to dismiss denied in SUEZ Water New York (S.D.N.Y.) on second amended complaint; dismissal pressure continues on direct liability theories.
The Chemours Company
Role: Manufacturer
DuPont spin-off named in Connecticut state action and Minnesota carpet RICO suit. Defending dismissal motions in water utility cases; cost-sharing agreement with Corteva/New DuPont referenced in Minnesota complaint for pre-2015 claims.
Corteva, Inc.
Role: Manufacturer
Named in Connecticut PFAS complaint as 'DuPont Defendant.' Limited direct PFAS manufacturing role; exposure turns on indemnity for pre-2015 conduct. Cost-sharing agreement with Chemours noted in Minnesota carpet litigation.
Kimberly-Clark Corporation
Role: Industrial User/Discharger
Single-defendant class action in D. Conn. (3:24-cv-00271, filed Feb. 2024) for PFAS discharge at New Milford, Connecticut facility. Exposure centers on industrial discharge and consumer product use, not upstream manufacturing. No spin-off indemnity complexity.
| Defendant | Role | Intelligence Note |
|---|---|---|
| 3M Company | Manufacturer | Core PFAS manufacturer named in Connecticut state action (Jan. 2024), Minnesota carpet class action (Aug. 2024, 0:24-cv-03497), and Red Cliff Band AFFF suit (D.S.C. 2:22-cv-03668-RMG). Exited PFAS production ~2020. Facing RICO allegations in Minnesota carpet litigation alongside EIDP and Chemours. |
| EIDP, Inc. | Manufacturer | Former E.I. du Pont de Nemours ('Old DuPont') named in Connecticut PFAS complaint (Jan. 2024) and Minnesota carpet class action. Successor liability hub for pre-2015 PFAS conduct. Motion to dismiss denied in SUEZ Water New York (S.D.N.Y.) on second amended complaint; dismissal pressure continues on direct liability theories. |
| The Chemours Company | Manufacturer | DuPont spin-off named in Connecticut state action and Minnesota carpet RICO suit. Defending dismissal motions in water utility cases; cost-sharing agreement with Corteva/New DuPont referenced in Minnesota complaint for pre-2015 claims. |
| Corteva, Inc. | Manufacturer | Named in Connecticut PFAS complaint as 'DuPont Defendant.' Limited direct PFAS manufacturing role; exposure turns on indemnity for pre-2015 conduct. Cost-sharing agreement with Chemours noted in Minnesota carpet litigation. |
| Kimberly-Clark Corporation | Industrial User/Discharger | Single-defendant class action in D. Conn. (3:24-cv-00271, filed Feb. 2024) for PFAS discharge at New Milford, Connecticut facility. Exposure centers on industrial discharge and consumer product use, not upstream manufacturing. No spin-off indemnity complexity. |
Timeline
Bilott Files First PFAS Suit Against DuPont
Attorney Rob Bilott files groundbreaking personal injury and property damage lawsuit on behalf of West Virginia farmer Wilbur Tennant against DuPont, alleging PFOA contamination from Washington Works plant poisoned cattle and groundwater. Case exposes decades of internal industry toxicity data.
EPA Fines DuPont $16.5 Million for TSCA Violations
EPA assesses then-record $16.5 million civil penalty against DuPont for failing to report PFOA toxicity data under Toxic Substances Control Act. Settlement marks first major regulatory enforcement action against PFAS manufacturer.
DuPont Settles C8 MDL for $670 Million
DuPont, Chemours, and Corteva settle approximately 3,550 personal injury claims in MDL No. 2433 (C8 Litigation) for $670 million. Settlement follows bellwether trial losses linking PFOA exposure to kidney and testicular cancer.
EPA Issues Near-Zero Health Advisories
EPA slashes interim health advisories to 0.004 ppt for PFOA and 0.02 ppt for PFOS—reductions of 17,000-fold and 3,500-fold respectively from 2016 levels. Agency also issues first advisories for GenX (10 ppt) and PFBS (2,000 ppt), signaling effectively no safe exposure level.
EPA Finalizes First National PFAS Drinking Water Standards
EPA promulgates enforceable Maximum Contaminant Levels under Safe Drinking Water Act: 4 ppt for PFOA and PFOS individually, with hazard index limit for PFNA, PFHxS, HFPO-DA (GenX), and PFBS mixture. Rule triggers mandatory monitoring and remediation obligations for public water systems.
Statute of limitations
Federal MDL 2873 (AFFF/PFAS Products Liability) filing window closed Sept. 10, 2025 per Judge Gergel order. Personal injury claims for kidney, testicular, liver cancer, thyroid disease, and ulcerative colitis subject to bellwether schedule. State SOL analysis controls non-MDL filings. Michigan, Ohio, and California entries removed—no source support in provided search results.
Maine
6 years from discovery
Rule: L.D. 2160 establishes PFAS-specific SOL: 6 years after plaintiff discovers or reasonably should have discovered harm or injury, per 14 M.R.S. § 205
Discovery: Explicit discovery rule for PFAS claims; accrual tied to discovery of harm, not exposure
First-in-nation PFAS-specific SOL statute; enacted following 2020 dairy farm contamination crisis
New Hampshire
6 years from discovery
Rule: Current law: 6-year SOL from when plaintiff knew or reasonably should have known of exposure and injury; 2021 extension from 3 years
Discovery: Discovery rule applies; legislation pending to extend to 10-12 years
Rep. Suzanne Vail preparing 2025 legislation to extend SOL to 10-12 years; prior bill to eliminate SOL abandoned in favor of compromise extension
New Jersey
2 years from discovery (personal injury); 6 years (property damage)
Rule: N.J.S.A. 2A:14-2 (personal injury 2 years); N.J.S.A. 2A:14-1 (property damage 6 years); discovery rule applies
Discovery: Discovery rule applies for latent injuries
State secured $2B settlement with DuPont, Chemours, Corteva; 'Protecting Against Forever Chemicals Act' signed Jan. 12, 2026 creates product compliance deadlines, not SOL changes
⚠South Carolina
3 years from discovery (personal injury)
Rule: S.C. Code Ann. § 15-3-530; discovery rule applies for latent diseases
Discovery: Discovery rule applies; MDL 2873 personal injury claims subject to Judge Gergel's filing facilitation window (closed Sept. 10, 2025)
MDL 2873 (In re: AFFF Products Liability Litigation) overseen by Judge Richard Gergel, D.S.C.; bellwether discovery pool selected Dec. 2024 for kidney, testicular, thyroid cancer cases
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| Maine | 6 years from discovery | L.D. 2160 establishes PFAS-specific SOL: 6 years after plaintiff discovers or reasonably should have discovered harm or injury, per 14 M.R.S. § 205 | Explicit discovery rule for PFAS claims; accrual tied to discovery of harm, not exposure | First-in-nation PFAS-specific SOL statute; enacted following 2020 dairy farm contamination crisis |
| New Hampshire | 6 years from discovery | Current law: 6-year SOL from when plaintiff knew or reasonably should have known of exposure and injury; 2021 extension from 3 years | Discovery rule applies; legislation pending to extend to 10-12 years | Rep. Suzanne Vail preparing 2025 legislation to extend SOL to 10-12 years; prior bill to eliminate SOL abandoned in favor of compromise extension |
| New Jersey | 2 years from discovery (personal injury); 6 years (property damage) | N.J.S.A. 2A:14-2 (personal injury 2 years); N.J.S.A. 2A:14-1 (property damage 6 years); discovery rule applies | Discovery rule applies for latent injuries | State secured $2B settlement with DuPont, Chemours, Corteva; 'Protecting Against Forever Chemicals Act' signed Jan. 12, 2026 creates product compliance deadlines, not SOL changes |
| ⚠South Carolina | 3 years from discovery (personal injury) | S.C. Code Ann. § 15-3-530; discovery rule applies for latent diseases | Discovery rule applies; MDL 2873 personal injury claims subject to Judge Gergel's filing facilitation window (closed Sept. 10, 2025) | MDL 2873 (In re: AFFF Products Liability Litigation) overseen by Judge Richard Gergel, D.S.C.; bellwether discovery pool selected Dec. 2024 for kidney, testicular, thyroid cancer cases |
Live intelligence
AI litigation brief
PFAS remains active mdl with 77 current signals in the accepted feed.
Overview
PFAS litigation spans multiple parallel tracks: MDL 2873 (AFFF/personal injury) in S.C. before Judge Richard Gergel; state enforcement actions including NJDEP v. DuPont/Chemours, 19-cv-14766 (D.N.J.) where $2.5B in settlements await final approval; and D.C. Circuit challenges to EPA drinking water standards in American Water Works Ass'n v. EPA, No. 24-1188. Bellwether trials in MDL 2873 are expected in 2026.
Key developments
Trajectory
Press and regulatory signals are moving in tandem for PFAS. The next escalation check is whether these agency actions prompt new PACER filings or MDL scheduling orders.
Editorial intelligence
MDL 2873 should stay on the lead docket watch because it is the primary consolidation vehicle for PFAS.
Generated Apr 28, 2026, 12:00 AM UTC
77 events detected
Google News (52)
Will lawsuits help cities and towns pay for PFAS-free firefighting gear? - Worcester Telegram
Tennessee American Water customers get $60 bill credit after PFAS lawsuit - Chattanooga Times Free Press
PFAS under the spotlight: regulatory and litigation trends for forever chemicals - Travers Smith
Conservation groups identify Sumter PFAS polluters in letter threatening to sue - Post and Courier
Maine is tightening limits on ‘forever chemicals’ in drinking water. Are communities ready? - The Portland Press Herald
Maine is tightening limits on ‘forever chemicals’ in drinking water. Are communities ready? - Portland Press Herald - Maine Sunday Telegram
Lululemon 'forever chemicals' investigation highlights wider contamination concerns in NC - WRAL
Texas AG probes Lululemon over alleged use of ‘forever chemicals’ in activewear - ESG Dive
What are PFAS? Why ‘forever chemicals’ in clothing are drawing health concerns - FOX 26 Houston
Hermiston to join liability litigation against ‘forever chemicals’ - East Oregonian
Texas AG opens probe into Lululemon for alleged 'forever chemicals' - USA Today
Lululemon responds to Texas' investigation into 'forever chemicals' in activewear apparel - FOX 7 Austin
Paxton probes Lululemon on ‘forever chemicals’ - The Hill
Texas attorney general launches investigation into Lululemon's potential use of certain chemicals - CBC
Texas AG Ken Paxton Files Lawsuit Against Lululemon for PFAS - Newsweek
Texas Probes Lululemon Over ‘Forever Chemicals.’ The Company Says It Stopped Using Them. - WSJ
Texas AG Ken Paxton investigates Lululemon over possible “Forever Chemicals” in activewear - KBTX News 3
Texas launches probe into Lululemon over potential ‘forever chemicals’ - Global News
Sioux City Council to vote on $161K 'forever chemicals' settlement - National Today
Data center, PFAS bills were a bust, but Georgia environmentalists cheer boost for conservation - Chattanooga Times Free Press
Hermiston may join class action lawsuit over ‘forever chemicals’ - East Oregonian
Residents suffer as Westminster's PFAS cleanup faces delays - The Boston Globe
Federal lawsuit filed against East Liverpool waste management company for ‘forever chemicals’ in water - WFMJ
Lawsuit Continues Over PFAS Impacts - WilmingtonBiz
Toxic ‘forever chemicals’ in New Jersey’s tap water have dropped 55%, Rutgers study finds - WHYY
Erin Brockovich warns PFAS problem spreading beyond Georgia town at meeting - National News Desk
Local landowners can have their property tested for PFAS - wrganews.com
Candidates join Northwest Georgia residents for town hall on PFAS - timesfreepress.com
PFAS Forever Chemicals Pose Multi-Billion-Dollar Investor Risk Globally - edie.net
Willingboro utility sues six companies over PFAS-contaminated drinking water - Inquirer.com
Ontario court opens door to punitive damages in forever chemicals class action - CBC
Willingboro water authority sues these companies over alleged PFAS - courierpostonline.com
Willingboro water authority sues these companies over alleged PFAS - Courier-Post
Willingboro water authority sues these companies over alleged PFAS - courierpostonline.com
Safest Soil for Gardening Tested for PFAS “Forever Chemicals” — Guide - Mamavation
Safest Soil for Gardening Tested for PFAS “Forever Chemicals” — Guide - Mamavation
Cities struggle to meet drinking water PFAS standards by EPA deadline - smartcitiesdive.com
Cities struggle to meet drinking water PFAS standards by EPA deadline - Smart Cities Dive
Why Cumberland’s PFAS case against Chemours matters | Opinion - The Fayetteville Observer
Why Cumberland’s PFAS case against Chemours matters | Opinion - The Fayetteville Observer
PFAS in Drinking Water - eelp.law.harvard.edu
PFAS in Drinking Water - Environmental and Energy Law Program – Harvard Law School
PFAS in Drinking Water - Environmental and Energy Law Program – Harvard Law School
Wisconsin Senate passes $133 million package to combat forever chemicals, sends bills to governor - WMTV 15 NEWS
Testing shows PFAS levels at Dalton Utilities treatment plant - Chattanooga Times Free Press
Georgia bill that would consolidate PFAS lawsuits faces backlash - Chattanooga Times Free Press
Dayton sues Wright-Patt to pay more than $300M to remove PFAS from city water - WYSO Public Radio
Georgia bill would strip governments of authority to file PFAS lawsuits - WRDW
Georgia Senate considers bill that would place PFAS lawsuits under state control - WTVC
Team USA is proving that world-class skiing doesn’t require PFAS wax - grist.org
These Olympics are first to feature a ban on ‘forever chemicals’ in ski and snowboard wax - Environmental Working Group
What We’re Reading: Eliminating ‘Forever Chemicals’ at the Olympics - Reasons to be Cheerful
No recent PubMed signals. Monitoring is active — this section updates automatically.
EPA Proposes Plan to Step Up Groundwater Cleanup at San Fernando Valley Superfund Site, Increasing Supply of Safe Drinking Water | US EPA # EPA Proposes Plan to Step Up Groundwater Cleanup at San Fernando Valley Superfund Site, Increasing Supply of Safe Drinking Water March 16, 2026 Contact Information Alejandro Diaz (diaz.alejandro@epa.gov) 808-284-7084 LOS ANGELES – U.S. Environmental Protection
EPA News Release regulatory on Mar 16 for PFAS. Regulatory developments can change intake posture and motion practice quickly.
EPA Adds Gelman Sciences Inc. in Ann Arbor, Michigan, to the Superfund National Priorities List | US EPA # EPA Adds Gelman Sciences Inc. in Ann Arbor, Michigan, to the Superfund National Priorities List March 12, 2026 Contact Information David Shark (shark.david@epa.gov) 312-353-1056 CHICAGO (March 12, 2026) – Today, U.S. Environmental Protection Agency (EPA) added the Gelman Sciences Inc. site in
EPA News Release regulatory on Mar 12 for PFAS. Regulatory developments can change intake posture and motion practice quickly.
National Enforcement and Compliance Initiative: Addressing Exposure to PFAS | US EPA # National Enforcement and Compliance Initiative: Addressing Exposure to PFAS ## Problem Adult handing a child a glass of water. Per and poly-fluoroalkyl substances or PFAS, also known as “forever chemicals” are man-made chemicals that are highly persistent and resistant to degradation in the environment. PFAS hav
EPA Enforcement regulatory on Mar 9 for PFAS. Regulatory developments can change intake posture and motion practice quickly.
This article addresses PFAS contamination specifically at federal facilities, covering EPA's oversight, cleanup obligations, and regulatory coordination with federal agencies under Superfund and other environmental statutes—directly aligned with broad PFAS contamination and federal regulatory activity theories.
EPA Enforcement regulatory on Mar 5 for PFAS. Regulatory developments can change intake posture and motion practice quickly.
This article is about EPA's Superfund program accomplishments in fiscal year 2025, which directly relates to PFAS litigation and regulatory activity since PFAS contamination sites are increasingly being addressed under Superfund authority, including cleanup efforts and federal regulatory actions that drive mass tort claims.
EPA Superfund regulatory on Mar 4 for PFAS. Regulatory developments can change intake posture and motion practice quickly.
No recent court filing signals. Monitoring is active — this section updates automatically.
No recent legislative signals. Monitoring is active — this section updates automatically.
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LexGenius Ranking
88Score
Court, news, and regulatory activity are elevated
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Last: Apr 28, 2026, 12:00 AM UTC
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Event feed
77
events detected
AI Brief
PFAS remains active mdl with 77 current signals in the accepted feed.
Overview
PFAS litigation spans multiple parallel tracks: MDL 2873 (AFFF/personal injury) in S.C. before Judge Richard Gergel; state enforcement actions including NJDEP v. DuPont/Chemours, 19-cv-14766 (D.N.J.) where $2.5B in settlements await final approval; and D.C. Circuit challenges to EPA drinking water standards in American Water Works Ass'n v. EPA, No. 24-1188. Bellwether trials in MDL 2873 are expected in 2026.
Key developments
Worcester Telegram news on Apr 24: Will lawsuits help cities and towns pay for PFAS-free firefighting gear? - Worcester Telegram. ‖ EPA News Release regulatory on Mar 16: EPA Proposes Plan to Step Up Groundwater Cleanup at San Fernando Valley Superfund Site, Increasing Supply of Safe Drinking Water.
Generated Apr 28, 2026, 12:00 AM UTC
Tracked MDLs
MDL 2873
D.S.C.