Legal Battle Continues Over PFAS Standards in New Hampshire

May 12, 2020 | PFAS

Environmental groups have filed an amicus brief to the court reviewing New Hampshire’s PFAS regulations, arguing that the lower court did not properly conduct the cost-benefit analysis to enjoining the proposed standards. The parties who brought this suit against the New Hampshire Department of Environmental Services (DES) are a manufacturer of PFAS, 3M Corporation; the Plymouth Village Water and Sewer District; and Resource Management Inc. (RMI), a company that processes and treats wastewater in the state, along with RMI’s director, Charles Hanson.

The plaintiffs originally filed this lawsuit in September 2019, arguing that the DES was creating an unfunded mandate with the standards it was setting, did not conduct an adequate cost/benefit analysis, and also failed to abide by required rulemaking procedures, not holding a notice and comment period for the regulations. The state district court ruled in their favor in November, enjoining the standards. The DES appealed this decision to the highest court in the state.

The Conservation Law Foundation (CLF) and National Resources Defense Council (NRDC) submitted their brief to urge the New Hampshire Supreme Court to reinstate the standards, asserting that it is in the public interest to get information disseminated through the regulations regarding drinking water contamination. They argue that the state district judge did not consider the harm enjoining the standards could cause to the public.

To follow the case, interested parties can go to the NH Judicial Branch’s website at https://www.courts.state.nh.us/caseinfo/pdf/civil/Plymouth/Index.htm.

Our attorneys have been at the forefront of PFAS issues, including giving presentations as to the future waves of litigation stemming from PFAS issues. For more information, please contact any of our PFAS – Toxic Torts Team: Jessica Deyoe, Suzanne Englot, Alexandra Fraher,or John Gardella.

Authored By:

Suzanne Englot, Esq.

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