South Carolina, Maryland Tell 4th Circuit There is ‘No Federal Connection to the Non-AFFF PFAS Contamination’

RICHMOND, Va. –– The States of Maryland and South Carolina have responded to a request by the 4th Circuit Court of Appeals to clarify their position on mixed PFAS contamination in the underlying lawsuits, arguing that hypothetical commingling of PFAS from non-AFFF and AFFF sources “does not give rise to removal jurisdiction” since the states have disclaimed recovery for AFFF PFAS contamination.

In an Oct. 11 letter sent to the 4th Circuit, the states clarified that the states have “disclaimed recovery for AFFF PFAS contamination, and there is no federal connection to the non-AFFF PFAS contamination that is the charged …