The State of Illinois sued 3M alleging the company’s Cordova Facility caused PFAS contamination in
the Mississippi River in violation of state environmental protection laws. 3M’s
Cordova Facility is located along the Mississippi River’s banks and chemicals
containing PFAS are manufactured at the facility.
3M sought to remove the lawsuit
to federal court, arguing the PFAS contamination in the Mississippi River
could have come from the Army’s Rock Island facility (which is also located on the Mississippi River), and that it had immunity
from any state law violations under the government contractor defense. The
State argued the case should stay in state court because the lawsuit did not seek any
relief from PFAS contamination linked to the Army’s Rock Island facility.
The district
court ruled in favor of the State and 3M appealed. The Seventh Circuit Court of Appeals
upheld the district court’s decision to keep the lawsuit in state court, holding
the government contractor defense was not available to 3M because the State’s
lawsuit only sought relief for PFAS contamination derived solely from the
Cordova Facility. As the State’s lawsuit sought no relief for PFAS
contamination from the Amy’s facility, the Court ruled 3M could not raise a
federal defense and remove the lawsuit to federal court. State
of Illinois v. 3M Company.
Post Authored by Tyler Smith, Ancel Glink