Maryland, South Carolina lose bid to try PFAS contamination cases in state courts

By Maryland Matters Staff | Maryland Matters | March 5, 2026

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"Maryland and South Carolina will have to press their cases for PFAS damages against 3M Co. in federal court, after the U.S. Supreme Court declined to hear their petition to have the lawsuits returned to their respective state courts.

The justices, without comment, declined Monday to hear an appeal of a 4th U.S. Circuit Court of Appeals ruling against the states. That March 2025 ruling said that because 3M made some of the PFAS-containing materials at the direction of the federal government, it could invoke the “federal officer removal statute” and have the cases heard in federal, not state, court.

The cases involve four separate lawsuits filed by the states to recover damages for contamination by PFAS — per- and polyfluoroalkyl substances that have been linked to a range of human health problems. Known informally as “forever chemicals” because they are resistant to breaking down in nature, PFAS is used in a wide variety of products, from water-repellent clothing to nonstick cookware and stain-resistant fabrics."