New Hampshire PFAS Case Sent Back to State Court

The First Circuit Court of Appeals has blocked the 3M Co.’s attempt to remove New Hampshire’s PFAS chemical case to federal court.

The appeals court affirmed a 2023 order by the U.S. District Court for the District of New Hampshire remanding the case back to state court.

“This victory will allow us to move forward with our case and continue to pursue damages for PFAS contamination of our state’s water, soil, and other natural resources,” said New Hampshire Attorney General John M. Formella. “Companies like 3M made billions of dollars from the manufacturing of PFAS chemicals without disclosing to the public the significant threats to human health and the environment, and we intend to hold them accountable for the harm they have caused.”

While 3M has had success with similar appeals in other states’ PFAS cases, Formella said New Hampshire successfully argued that 3M’s attempt to remove the case to federal court was untimely, coming at least two years too late under applicable law.

New Hampshire claims there are more than 200 sites contaminated with PFAS in the state.

This is the latest development in the state’s efforts to hold 3M and other manufacturers of PFAS to account for widespread PFAS contamination.

The state has a separate PFAS lawsuit focused on aqueous film-forming foams (AFFF) that is part of a multi-district litigation in the U.S. District Court for the District of South Carolina. Last August, New Hampshire announced it would be receiving more than $65 million from the 3M and DuPont to settle several complaints in that litigation over contamination of public water systems.

Per- and polyfluoroalkyl substances – known as PFAS— are widely used, long lasting chemicals, components of which break down very slowly over time. Studies have shown that exposure to some PFAS in the environment may be linked to harmful health effects in humans and animals.

PFAS have been used for decades to manufacture consumer products, including non-stick cookware, stain-resistant furniture and carpets, waterproof clothing, microwave popcorn bags, fast food wrappers, pizza boxes, shampoo, dental floss, and ski wax, according to the New Hampshire Department of Health and Human Services. They have also been used in certain firefighting foams and various industrial processes.