ELR Citation: 55 ELR 20031
No(s). 24-1218 (4th Cir. Mar 7, 2025)

The Fourth Circuit vacated two district court decisions in lawsuits concerning a chemical manufacturer's role in allegedly contaminating Maryland's and South Carolina's waterways by using per- and polyfluoroalkyl substances (PFAS) in its products. The two states sued in state court, each filing two complaints: one directed toward the company's PFAS production through aqueous film-forming foam (AFFF) products and one directed to remediate pollution from its non-AFFF PFAS production. The company removed the suit directed at non-AFFF PFAS production to federal court under the federal officer removal statute, arguing removal was proper because PFAS from the non-AFFF products indistinguishably commingled with the PFAS-containing AFFF that it produced for the military. The states moved to remand and the district court granted the motion, finding the non-AFFF complaints were limited in scope and precluded a connection between the company's PFAS contamination and federal authority. The appellate court held the company's military AFFF production was inextricably related to the states' general allegations of PFAS contamination, notwithstanding their attempts to draw a line between the company's federal and nonfederal work. It vacated the district court decisions and remanded for consideration of whether the company satisfied the other elements needed for federal officer removal.