AG Nessel Announces Landmark Settlement in First PFAS Case

January 30, 2023

Read the full article by AG Press

"Michigan Attorney General Dana Nessel announced that a settlement has been reached in a lawsuit filed against Asahi Kasei Plastics North America, Inc. (Asahi) to address releases of PFAS (per- and polyfluoroalkyl substances) at Asahi’s former facility near Brighton, Michigan.  The settlement requires Asahi to investigate PFAS in soil, groundwater, and surface water discharged from their former facility, and to undertake response actions to address levels that exceed state criteria.   The Consent Decree was filed with the Livingston County Circuit Court on January 30, 2023, and will be effective upon entry by the Court.

“I started the PFAS Litigation project in 2020 to bring relief to communities impacted by PFAS contamination, and this settlement is another step in the right direction,” said Nessel. “I am pleased with this resolution, and I look forward to seeing the important investigation and work get underway.”

The Consent Decree (as signed by both parties) requires Asahi to investigate PFAS released into soil, groundwater, and surface water from its former facility on Whitmore Lake Road.  If concentrations that exceed state criteria are found, additional steps are required to cut off harmful exposures.  Asahi’s investigation and proposed work plans must be submitted to and approved by the Michigan Department of Environment, Great Lakes, and Energy (EGLE).  In addition, the Consent Decree provides that work plans that are of significant public interest can be made available for public comment prior to their approval. "