Thompson Coburn partner John Galvin recently argued before Connecticut Superior Court Judge Daniel J. Klau, seeking to dismiss a proposed consumer class action against client Connecticut Water. Representing the utility, which serves approximately 360,000 customers in 60 towns, John contended that the Connecticut Public Utilities Regulatory Authority (PURA) was the appropriate body to investigate consumer complaints regarding tap water allegedly contaminated with PFAS. John’s arguments were prominently featured in a recent Law360 article.
John argued that PURA, an agency established for utility finance expertise and oversight, could have ordered bill credits, refunds, or restitution. He stated the “plaintiffs failed to avail themselves of the regulatory scheme,” especially since their claims focused on alleged overcharges and sought only past damages, not an injunction or future relief. “This is a regulated industry,” John said, “That’s what PURA does.”
He further argued against compelling water companies to reconcile water quality standards imposed by a court with existing federal regulations. John highlighted that the EPA recently revised its PFAS standards, pushing back the implementation deadline to 2031, yet the lawsuit suggested immediate remediation efforts.
John emphasized that the core issue wasn’t whether a PURA proceeding would offer an identical remedy to a court, but rather that PURA simply needed to provide an adequate remedy. Judge Klau took the arguments under advisement. Thompson Coburn’s client didn’t design, manufacture, sell or profit from PFAS, yet they have been sued in this class action because they detected the chemicals in the water supply.
The Motion to Dismiss was drafted with contributions from TC’s Jeremy Hall and Korbin Keller.
Read the full article in Law360 here.
