LGWM ATTORNEYS WIN SUMMARY JUDGMENT IN PFC CASE

LGWM ATTORNEYS WIN SUMMARY JUDGMENT IN PFC CASE

The United States District Court for the Northern District of Florida, Pensacola Division recently granted summary judgment in a PFC contamination case handled by Lloyd, Gray, Whitehead & Monroe attorneys, Britt Monroe and Burns Logan. The Emerald Coast Utilities Authority (“ECUA”) sought damage for costs and expenses related to investigation, treatment, and monitoring for levels of PFCs in its water supply. ECUA argued it was required to monitor and filter water which contained PFCs, even though (1) the levels were below EPA advisory levels and (2) it could not show any particular harm from the substance.

LGWM attorneys argued these factors mandated that the case be dismissed because ECUA had no standing to maintain the action. The Court held, under Iberville Parish Waterworks Dist. No 3 v. Novartis Crop Protection Inc., 45 F.Supp.2d 934 (S.D. Ala. 1994), ECUA could not sustain a claim because “not only did the [PFC] levels not exceed the [EPA advisory levels], but additional undisputed facts show that ECUA has not suffered any injury as a result of the presence of these chemicals in its water supply.” This case confirms the ruling in Iberville that a municipal plaintiff must have contamination above the EPA municipal contamination levels in order to have standing.