Attorneys & Litigation
Group Delta’s Industry Experience:
The California Water Quality Control Board has required multiple industries, including airports, metal plating facilities, and refineries who have used PFAS in the past to conduct assessment of the potential presence of PFAS in soil and groundwater at their sites.
Group Delta believes that this trend will continue, and many sites in California will be required to conduct both site assessment and remediation of PFAS. This will likely lead to litigation because of the substantial costs involved. Group Delta has assisted several of these entities in negotiating the scope of work with the Regional Boards, writing the work plan to conduct the scope of work for the required assessment, and executing the scope as approved by the Regional Board.
The scopes typically require soil and groundwater sampling using strict Water Board sampling guidelines, but have also included sampling of nearby or onsite drinking water wells. Once properly collected, the soil and groundwater samples are submitted to qualified laboratories for analysis. Group Delta interprets the results and presents findings, conclusions, and if required, recommendations for additional assessment. Group Delta has assisted in determining the presence of other potentially responsible parties (PRPs) in the vicinity of PFAS contamination attributed to the client that may also have contributed to the contamination in the vicinity, likely decreasing future assessment and cleanup costs to the client.
Group Delta has also assessed a site for a potential buyer to determine the presence or absence of PFAS in soil and groundwater prior to the purchase of the property. PFAS was discovered in the vicinity of ongoing dry cleaning operations, and the client decided to not purchase the property because of the potential future assessment and remediation costs.
Group Delta experts have a long history of assisting attorneys and their clients with complex site assessment and remediation issues involving litigation, and have been designated as expert witnesses, and provided deposition and trial testimony. Please contact Mike Cassidy at (949) 606-4304 if you are in need of litigation support.
Class Action Lawsuits:
Since PFAS is a group of highly toxic chemicals used widely, and by many different companies, since the 1940s, there is no one class-action lawsuit against PFAS. However, there are several high-profile class-action lawsuits in the last few years, with new lawsuits against PFAS manufacturers being filed constantly.
There is also a PFAS class-action lawsuit targeting several manufacturers of PFAS, including 3M, DuPont, Solvay, and others, which is potentially open to any U.S. individuals who have a detectable concentration of PFAS in their blood and claim to have injuries from PFAS exposure. The lead plaintiff, in this case, is a firefighter.
In addition to these lawsuits, many states and municipal governments are filing suits against PFAS manufacturers and other responsible parties for polluting water supplies and the environment, with some already calling PFAS the “new asbestos.”