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Ted Motz

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Ted is an associate in Chicago’s Environmental group. He brings a wide breadth of experience to his practice from multiple experiences at varying branches of federal and state government.

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The U.S. Supreme Court denied a petition for writ of certiorari in a case involving the federal officer removal statute on March 2. Petitioners Maryland and South Carolina sought review of a 2025 Fourth Circuit decision addressing whether 3M could remove state-court PFAS actions to federal court under 28 USC § 1442(a)(1).

Maryland and South Carolina each filed two PFAS-related lawsuits against 3M: one seeking recovery for contamination arising from AFFF contamination, and another specifically excluding recovery for contamination arising…

Continue Reading Supreme Court Declines Review of the Fourth Circuit’s Federal Officer Removal Decision in Maryland v. 3M

The Fourth Circuit overturned the remand of two lawsuits Maryland and South Carolina brought against 3M and other PFAS manufacturers. Maryland v. 3M Co., No. 24-1218, 2025 WL 727831 (4th Cir. Mar. 7, 2025). The ruling expands the reach of the federal officer removal statute, making it easier for certain defendants to remove their cases to federal court.

Maryland and South Carolina each brought two PFAS-related lawsuits against 3M: one involving claims arising from AFFF contamination, and another limited…

Continue Reading Fourth Circuit Overturns Remand of Maryland’s and South Carolina’s Non-AFFF PFAS Lawsuits Against 3M

EPA is requiring additional testing at sites subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, or Superfund) five-year review based on PFAS standards issued under the Safe Drinking Water Act (SDWA).

In April 2024, EPA finalized a rule designating two of the most studied and prevalent PFAS,  Perfluorooctanoic acid (PFOA) and Perfluorooctane sulfonic acid (PFOS), as hazardous substances under CERCLA. The rule was published May 8, 2024, and became effective July 8, 2024. 40 CFR § 302.4(a).

Continue Reading EPA Requiring Additional Actions at Superfund Sites Based on Safe Drinking Water Act Standards for PFAS
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On August 8, 2024, the Coosa River Basin Initiative (CRBI), an environmental organization based in Georgia,  and the City of Calhoun, Georgia (the City), announced that they had reached a proposed settlement in a citizen suit case involving alleged violations of the Clean Water Act (CWA) and Resource Conservation and Recovery Act (RCRA) focused solely on the City’s land application of PFAS-containing biosolids.

CRBI, through its counsel at Southern Environmental Law Center, filed a complaint in the U.S. District Court for the Northern District of Georgia on March 7, 2024, against the City and the owner of property used for land application of the City’s biosolids. The Complaint included the following alleged CWA violations:

  • The City’s land application of PFAS-contaminated biosolids onto land that was hydrologically connected to navigable waters through groundwater was the “functional equivalent” of discharging PFAS directly into navigable waters without an NPDES permit;
  • That PFAS are a toxic pollutant and that the City, therefore, violated its existing NPDES permit by failing to “take all reasonable steps to minimize or prevent any discharge or sludge disposal which might adversely affect human health or the environment,” provide notice to downstream users and take reasonable steps to prevent injury when a toxic substance has been discharged, and enforce noncompliance with any applicable pretreatment standard or requirement.

Continue Reading Settlement Reached in Biosolids Focused PFAS Litigation