Partner John McGahren spoke with Bloomberg about a sprawling set of lawsuits against the US government related to drinking water contamination from per- or polyfluoroalkyl substances, known as PFAS, due to the use of aqueous film-forming foam (AFFF). The government is seeking to dismiss the suits by arguing that the use of AFFF qualifies for a “discretionary function exception” under the Federal Tort Claim Act.
However, John noted that the discretionary function exception “is the biggest hurdle to recovery of tort claims.”
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