111 F.4th 846
7th Cir.2024Background
- 3M operates a chemical manufacturing facility (the Cordova Facility) in Illinois near the Mississippi River, producing products containing PFAS.
- Illinois sued 3M in state court, alleging PFAS contamination in the Mississippi River solely from the Cordova Facility, excluding contamination from AFFF used by the military at the nearby Rock Island Arsenal.
- 3M removed the case to federal court under the federal officer removal statute, claiming a colorable government contractor defense based on its supply of AFFF to the military.
- The state moved to remand, arguing its claims targeted only the Cordova Facility (not AFFF or military use), and the district court agreed.
- 3M appealed, arguing that mixed-source contamination could implicate the government contractor defense.
- At oral argument, Illinois explicitly conceded it would recover only for contamination 100% attributable to Cordova, making apportionment unnecessary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 3M can remove the case under the federal officer removal statute based on the government contractor defense | Case only concerns PFAS from Cordova Facility, not AFFF or military sources; no colorable federal defense available | PFAS contamination could come from both Cordova and Army AFFF; therefore, government contractor defense may apply | 3M cannot assert a colorable government contractor defense because Illinois seeks recovery only for Cordova-sourced PFAS |
Key Cases Cited
- Boyle v. United Techs. Corp., 487 U.S. 500 (government contractor defense to state tort law)
- Baker v. Atlantic Richfield Co., 962 F.3d 937 (federal officer removal proper in mixed-source pollution case unless plaintiff unequivocally disclaims government-sourced contamination)
- Betzner v. Boeing Co., 910 F.3d 1010 (de novo review standard for removal)
- Ruppel v. CBS Corp., 701 F.3d 1176 (elements for federal officer removal)