On November 4, 2022, the City of Philadelphia filed suit against companies it alleges manufactured or distributed PFAS-containing AFFF and/or other PFAS Products. The City asserts claims in its capacity as a water provider, a wastewater treatment operator, and as an owner of property, e.g., the Philadelphia International Airport.  The action appears to have been precipitated by the recent EPA updated interim health advisory levels for PFOA (0.004 ppt) and PFOS (0.02 ppt). According to the complaint, PFAS levels in Philadelphia’s drinking water, which comes from surface water drawn from the Delaware and Schuylkill Rivers, were consistently below the previous EPA health advisory level of 70 ppt but exceed the new EPA health advisory levels.  The City’s press release indicates that the Philadelphia Water Department began testing for PFAS in 2019, and no drinking water samples have exceeded the new proposed state limits for PFOA (14 ppt) or PFOS (18 ppt). The suit was filed in the Court of Common Pleas of Philadelphia County, but it is anticipated that it will be transferred to the AFFF Multidistrict litigation in the U.S. District Court in South Carolina.

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