Town of Petersburgh v. 3M Co. — Third Department Allows PFAS Contamination Suit to Proceed, Rejects Double-Recovery and Primary-Jurisdiction Defenses
The Appellate Division, Third Department affirmed denial of dismissal in a PFOA/PFAS water contamination suit by a small upstate town, finding its damages claims were not barred by double recovery despite prior Taconic settlements, and that the primary jurisdiction doctrine did not require deference to DEC.