Viability of PFAS Litigation Up to Lawmakers, Not Courts, PA Judge Says

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January 10, 2020

A Pennsylvania federal judge said the viability of litigation over PFAS is up to lawmakers, not courts, since the chemicals have not been classified as hazardous, Law360 reports.

U.S. District Judge Jerry Pappert said he “can’t rely on a law which doesn’t say what your claim needs it to say” because “the General Assembly has to this point not addressed it” when he was asked to advanced two consolidated class action lawsuits over the use of the substances. He also said the arguments made by the plaintiffs, who are residents who live around a military base in Pennsylvania, reflected “a political and public policy argument.”

01/10/2020