California Is Testing Its Water, So PFAS Defendants Could Face Prop 65 Lawsuits Soon

California could be moving toward the regulation and litigation of perfluoroalkyl sulfonic acids (PFAS) since government agencies have been testing water in many locations, including airports and landfills, with results due as early as this fall. “The state water board is doing a bunch of sampling in drinking or ground water,” said Leila Bruderer, an attorney with the Downey Brand firm in Sacramento. “Under Proposition 65, there is potential for that litigation.” California’s Proposition 65 – the Safe Drinking Water and Toxic Enforcement Act – was passed in 1986 to guard against chemicals that cause health problems.