The U.S. District Court in the Western District of North Carolina recently held in Colony Insurance Co. v. Buckeye Fire Equipment Co. that an insurance company must defend personal injury claims arising from direct exposure to Aqueous Film Forming Foams (AFFF) under a Commercial General Liability (CGL) Policy despite the policy containing a “Hazardous Materials

In September 2020, the New Mexico Environment Department (NMED) finalized the settlement of an enforcement action against Cannon Air Force Base (CAFB), a federal facility, relating to the facility’s discharge of PFAS-containing wastewater to groundwater without a permit. According to the allegations of an administrative compliance order (ACO) issued in January 2020, CAFB had an

In July 2020, we posted on takeback disposal options for some PFAS-containing firefighting foams, with a caveat about recent actions taken by the New York State Department of Environmental Conservation (NYDEC) to suspend incineration of AFFF that the U.S. Department of Defense (DoD) had sent to a hazardous waste facility in Cohoes, NY, pending the

As more states develop regulatory standards for PFAS, many are also recognizing that certain formulations of firefighting foams that were manufactured into the early 2000s or earlier contain legacy PFAS compounds, including Class B Aqueous Film-Forming Foams (AFFF), and that historic applications of these foams in training or in emergency response uses may have contributed

As we’ve discussed in prior posts, per- and polyfluoroalkyl substances (PFAS) have historically been an important component of aqueous film forming foam (AFFF) products that are used for training and fire suppression. As awareness of PFAS in AFFF has grown over the last several years, governments at the federal, state, and municipal level, as well

Dover Air Force Base (DAFB) installed house water filtration systems at four off-base properties in Dover, Delaware. The wells supplying water to those properties were found to have levels of PFOS and PFOA in excess of the 70 parts per trillion Health Advisory Level. The properties will continue to receive bottled water until DAFB is