In a notable legal turn of events, a federal magistrate judge has recommended that a lawsuit rooted in public drinking water contamination can proceed under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. The lawsuit stems from the use of per-and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” by a paper mill near Westminster, Massachusetts. This story is comprehensively reported by JD Supra.
PFAS have been the subject of intensive legislative and regulatory scrutiny due to their long half-life in the environment, which enables them to persist for extended periods of time. The implications of the compounds being found in the public water supply have significant, far-reaching health and environmental implications that the current legal proceedings seek to interrogate.
The current recommendation from the federal magistrate judge suggests that civil claims brought under the federal RICO Act may proceed to the discovery phase. However, the decision is subject to further examination and validation.
In the landscape of environmental cases, PFAS contamination is one of the areas that is gathering momentum very swiftly. Additionally, it signifies a rare instance where RICO laws are applied to environmental torts. Thus, this lawsuit’s development could establish a precedence that might potentially guide future cases.
While specific details concerning the lawsuit are limited, the continuation of this litigation under the RICO Act could set important legal precedents and draw the attention of environmental lawyers, corporations, and regulators alike.
The legal firm MG+M continues to monitor this ongoing litigation and its implications for both legal and environmental practices.