Read the full story in the National Law Review.
On several occasions, we wrote regarding a Michigan state court ruling that struck down Michigan’s PFAS regulations related to drinking water enforceable limits, with the ensuing appeal in December 2022 by the state. We last updated that at recent oral arguments on the issue, the state’s Appeals Court did not seem persuaded by the state’s arguments and request for the Court to overturn the lower court decision striking down the state agency’s PFAS drinking water limits. On August 22, 2023, the Court ruled that the state’s PFAS drinking water regulations were invalid, as regulators did not properly determine compliance costs from groundwater cleanup that would be automatically triggered by the proposed drinking water rules.
The significance of the Michigan PFAS challenge is that the arguments and court rulings provide clues as to similar arguments that we predict will be advanced when certain companies challenge federal drinking water standards and the CERCLA PFAS designation in courts.
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