Tribal PFAS Litigation - Working with Outside Counsel

PFAS, or “forever chemicals,” threaten the health of Tribal citizens and Tribal natural resources, including drinking water, fish, wildlife, game, and agriculture. These chemicals have been used for decades in manufacturing, firefighting, and consumer products, but only recently have the adverse health consequences of persistent exposure begun to come to light.

Lawsuits brought by water districts, firefighters, state governments, individuals, and Tribal governments against PFAS manufacturers are seeking to abate the harm caused by these chemicals. See In Re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2:18-mn-02873-RMG (D.S.C). Many Tribes may be unaware of the full extent of the existing harms and future risks to the health and welfare of Tribal citizens and communities.

Tribes have begun to team with outside counsel to assess the specific risks to their Tribes and, where appropriate, to join in the PFAS Litigation. See, e.g., Leech Lake Band of Ojibwe v. 3M Company, No. 2:25-cv-13289-RMG (D.S.C). Similar to the Opioids Litigation, it is important that Tribes work together to ensure that Tribes receive their appropriate share of any damages or remediation obtained. Cf. In Re: National Prescription Opiate Litigation, MDL No. 1:17-MD-2804 (N.D. Ohio).

This panel will discuss the harm posed by PFAS, the status of the current litigation, the process for working with outside counsel, and the impact on the Tribal attorneys’ office and the appropriate Tribal departments.