Blog: Into the Unknown – Navigating expanding and uncertain PFAS litigation
Growing concern over per- and polyfluorinated substances (PFAS) is cascading into a surge of unprecedented litigation. Like the chemicals themselves, PFAS-related lawsuits are becoming ubiquitous, spreading far beyond the initial exposure and environmental contamination claims we’ve seen to date. These legal actions are now encompassing a broader array of defendants that have incorporated PFAS chemicals into their products or packaging, venturing into uncharted territory concerning bodily injury, and expanding into other causes of actions. Given the current absence of substantial judicial precedent regarding coverage matters and liability defenses in the context of PFAS and aqueous film forming foam (AFFF), manufacturers, sellers, and commercial consumers of PFAS and their insurers will be closely watching litigation, looking to future rulings for guidance about the viability of coverage defenses raised in other pollution claims.