PFAS Water Contamination Lawsuit

Millions of families in the U.S. may have had drinking water contaminated with PFAS (per- and poly-fluoroalkyl) substances commonly known as “forever chemicals.” PFAS include perfluorooctane sulfonate (“PFOS”) and perfluorooctanoic acid (“PFOA”). These chemicals have been used for various industrial purposes for years, including use in firefighting foam products used to put out chemical fires.

Using PFAS around the country has led to widespread groundwater contamination. Exposure to PFAS in contaminated groundwater has been shown to cause cancer and other health conditions. If you have been diagnosed with cancer after being exposed to water contaminated with PFAS, you may be able to file a lawsuit and get financial compensation.

If you have cancer and believe it was from PFAS exposure, call our PFAS lawyers today at 800-553-8082 or get a no-obligation free consultation online.

• AFFF firefighting foam lawsuit

PFAS Updates

We start by keeping you abreast of the latest news, information, and updates related to PFAS water contamination lawsuits.

April 24, 2024: Ornua Foods North America Inc. faces a new lawsuit over its Kerrygold Butter products due to alleged misrepresentations about the packaging’s safety.  There have been some losses in similar PFAS suits of late. But this lawsuit was upheld by New York federal court Judge Frederick Block, who found it “distinguishable from several recent, non-binding cases where consumer products allegedly contained PFAS.”

The plaintiff in this PFAS lawsuit argues that chemicals migrate from the packaging into the butter, posing health risks such as fertility issues, developmental delays, and increased cancer risk, among others. The butter’s packaging prominently stated that the product is “PURE IRISH BUTTER,” a claim brought into question when Ornua recalled its products in early 2023 following a New York state law banning PFAS in food packaging.

The plaintiff filed the lawsuit accusing Ornua of false advertising, deceptive business practices, and selling adulterated or misbranded products, among other claims. Her class action lawsuit seeks monetary damages and injunctive relief.

April 19, 2024: The EPA has finalized a rule that classifies PFOA and PFOS as hazardous substances under CERCLA, aimed at facilitating the cleanup of contaminated sites. This rule mandates entities like businesses and military facilities that release one pound or more of these chemicals within a 24-hour period to report such releases. Although immediate cleanup or testing isn’t compulsory, the designation significantly increases potential liability, opening the door for costly cleanup orders and associated litigation. Entities may also face lawsuits from other parties attempting to recoup cleanup costs.

April 15, 2024: In a new lawsuit, a resident of Philadelphia, Pennsylvania alleges she was exposed to contaminated drinking water containing per- and polyfluoroalkyl substances (PFAS), which are harmful chemicals linked to various health issues. As a result of this exposure, the plaintiff developed kidney cancer and underwent significant medical treatment, including a nephrectomy (surgical removal of a kidney). The lawsuit claims that this exposure caused the plaintiff severe personal injuries, pain, and emotional distress, and continues to pose a risk of further health complications. The plaintiff also incurred and will continue to incur significant medical expenses due to the ongoing health issues caused by the exposure to these toxic substances.

The complaint details that the defendants failed to warn about the dangerous properties of these fluorochemical products despite knowledge of their potential harm. As a result of exposure to contaminated drinking water containing these chemicals, the plaintiff claims to have developed severe health issues, including kidney cancer. This led to significant personal suffering, medical expenses, and ongoing health risks.

Who did the plaintiff sue? Who didn’t she sue? This is the a laundry list of defendants: 3M, AGC Chemicals Americas, Amerex, Archroma U.S., Arkema, BASF, Buckeye Fire Equipment, Carrier Global, ChemDesign Products, Chemguard, Chubb Fire, Clariant, Corteva, DuPont de Nemours, Dynax, E.I. DuPont de Nemours, Kidde PLC, National Foam, Raytheon Technologies, The Chemours Company, The Chemours Company FC, Tyco Fire Products, United Technologies, and UTC Fire & Security Americas.

April 14, 2024: Tyco Fire has joined 3M, Chemours, Corteva, and DuPont in agreeing to settle a good chunk of the PFAS lawsuits against it.  The $750 million settlement resolves lawsuits from cities affected by PFAS contamination through its firefighting foam products. This settlement will fund remediation efforts for the public water systems involved.

April 13, 2024: A federal district court has ruled that Vermont’s lawsuit against 3M Co., alleging that the company damaged natural resources by disposing of products containing PFAS in state landfills, will remain under state jurisdiction. The decision by District Judge William K. Sessions III to keep the case in Vermont’s Superior Court was due to 3M’s undue delay in seeking to transfer the case to federal court.

This PFAS lawsuit, initiated five years ago, is part of Vermont’s broader litigation against multiple PFAS manufacturers, including E. I. du Pont de Nemours and the Chemours.. This case specifically targets the contamination from various consumer and industrial products, not just firefighting foam, that have contributed significantly to the state’s PFAS pollution.

April 11, 2024: Two North American cities, Vancouver in Canada and Concord in New Hampshire, U.S., are leading a significant shift in firefighting gear by allocating public funds for the purchase of personal protective equipment that does not contain per- and polyfluoroalkyl substances (PFAS).

This move is a direct response to the increasing concerns over the health risks associated with PFAS, chemicals known for their persistence in the environment and potential links to cancer. Vancouver’s city council has approved a substantial investment for PFAS-free firefighting gear, with an expectation to outfit the entire department by January 2025. Similarly, Concord’s investment will provide PFAS-free gear to its firefighters, responding to the high incidence of cancer among the firefighting community.

These purchases represent a broader effort that should be commended to mitigate occupational cancer risks, spurred by firefighter unions and backed by recent developments in textile technology that meet safety standards without using PFAS.

April 8, 2024: Two plaintiffs have initiated a class action lawsuit on behalf of themselves and others in federal court in New York against Brumis Imports, Inc., alleging that the company’s Brooklyn Steel-branded nonstick cookware contains per- and polyfluoroalkyl substances (PFAS).

These chemicals are known for their health risks and environmental persistence. Despite promoting the cookware as health and environmentally friendly, the lawsuit contends that Brumis Imports failed to disclose the presence of PFAS in their products, contrary to their marketing claims.

This lawsuit follows the company’s own disclosure of PFAS use in their products to the Maine Department of Environmental Protection, which was later made public by the advocacy group Defend Our Health. The plaintiffs are seeking damages and injunctive relief for violations of New York’s General Business Law, fraud, and other claims.

April 2, 2024: A Pennsylvania resident filed a lawsuit against 3M and other chemical manufacturers, claiming that the companies’ fluorochemical products led to the contamination of the state’s water supply. The plaintiff alleges to have consumed this contaminated water and, as a consequence, developed kidney cancer, which necessitated medical interventions, including surgery.

Her PFAS drinking water lawsuit attributes the plaintiff’s suffering, pain, emotional distress, including fears of cancer recurrence, and financial losses to the ingestion of water tainted with the defendants’ chemicals. Moreover, the plaintiff asserts that these fluorochemicals continue to reside in their body, posing ongoing risks of further disease and potential cancer recurrence.

April 1, 2024:  As expected, Judge Gergel greenlit 3M PFAS drinking water settlement on Friday.

The settlement, ranging between $10 billion and $12.5 billion, spares 3M from potentially prolonged legal disputes with utilities over its responsibility for the damages caused by its PFAS, which have been used for decades in specialized firefighting foams released directly into the environment. But there is more litigation on the horizon for3M, starting with the AFFF firefighting foam lawsuits.

March 29, 2024: Recreational Equipment Inc. (REI) successfully dismissed a proposed class action lawsuit accusing it of falsely advertising waterproof clothing as safe and eco-friendly despite the fact that it contains PFAS.

A federal judge in Washington state ruled on Friday the plaintiff, Jacob Krakauer, did not have standing because he failed to test his purchased jacket or any similar model for PFAS.

Krakauer’s allegations were based on the company’s omission of PFAS in their product labeling and reliance on REI’s environmental certifications. However, his claim was weakened by the absence of testing on the specific jacket model and the fact that REI disclosed the use of short-chain PFAS in their products when no alternatives exist. The court found Krakauer’s allegations too vague and his expectations of a PFAS-free product unreasonable, given the company’s disclosures.

Krakauer has been given three weeks to amend his complaint.

March, 21, 2024: A new PFAS lawsuit was filed in the AFFF MDL last week. The plaintiff, an adult residing in Guin, Marion County, Alabama since 1974, is the duly appointed personal representative of the estate of his late spouse His spouse, born in 1972 and a fellow resident of Guin, Marion County, Alabama, passed away in 2022 at age 50.

During her life, she was regularly exposed to PFAS products manufactured by the defendant, 3M. This exposure led to a breast cancer diagnosis, which ultimately caused her death.

3M Company has been implicated in environmental pollution through the discharge of PFAS-contaminated wastewater into Purgatory Creek, a vital water source for Marion County. This pollution extends to ground and surface waters.

His 3M PFAS lawsuit accuses the company of disposing solid waste laden with PFAS chemicals at a landfill close to the cities of Guin and Twin in Marion County. This caused a chemical runoff into the local sanitary sewer system managed by the Guin Water Works and Sewer Board (GWWSB), as well as into the area’s watersheds, creeks, streams, and private water sources. GWWSB, which supplies drinking water to the communities in and around Guin, including Twin, Hamilton, and Winfield, has been providing water contaminated with PFAS due to 3M’s activities. The decedent, a consumer of GWWSB’s water, used this contaminated water for drinking and household purposes, resulting in direct exposure to PFAS.

March 8, 2024: 

The EPA released a draft analysis focusing on the health hazards of perfluorononanoic acid (PFNA), a type of PFAS. The analysis examines potential birth weight reductions resulting from PFNA ingestion.  Birth weight is a critical indicator of infant health, as it can impact various aspects of a baby’s development and well-being. Low birth weight infants can face increased risks of health complications, including respiratory issues, feeding difficulties, infections, and developmental delays.

PFNA is primarily used in the production of polyvinylidene fluoride (PVDF), commonly used in industrial equipment.

March 7, 2024:

The EPA has send the the Navy a letter about PFAS contamination in Hawaii.   It emphasizes the need to expedite the Red Hill PFAS Remedial Investigation (RI) and conduct bi-monthly sampling for PFAS in facility wells. The letter also suggests evaluating data to identify trends, sampling storage tanks for PFAS, and responding to comments on groundwater sampling programs.

Six out of the 21 monitoring wells around Red Hill detected PFAS levels exceeding EPA standards last year. This prompted the EPA and Hawaii health department to urge the Navy to investigate further. The groundwater tested is not directly used for drinking but is part of the same aquifer system relied upon by the Navy and civilian water utilities, which maintain that their delivered water is safe.

PFAS contamination gained public attention after a November 2022 spill of PFAS-containing firefighting foam at Red Hill. Test results continue to show PFAS presence at the spill site, known as Adit 6. Regulators found high concentrations of an older PFAS variant, PFOS, in soil near Adit 6 and groundwater under a different part of the facility, suggesting historical contamination. This indicates a broader PFAS issue at Red Hill that certainly warrants further investigation.

March 5, 2024

Coty Inc. successfully defended against a consumer protection lawsuit in federal court in New York claiming that purchasers overpaid for two of its mascaras, alleging the presence of PFAS. Judge Analisa Torres ruled that consumers failed to provide sufficient evidence, including details about the testing methodology and the extent of PFAS presence in the products.

The lawsuit followed a 2021 study from Notre Dame, which found PFAS in some waterproof mascaras. However, the court previously dismissed the suit for failing to demonstrate that consumers relied on Coty’s statements about its brand. Despite denying the consumers’ request to dismiss the suit without prejudice, Torres allowed them to seek leave to amend their complaint if they could present new facts to support their claims.

Honestly, I cannot tell whether all of these consumer class action lawsuits are a part of the solution or a part of the problem.  Our lawyers are focused on injury and and wrongful death claims and I sometimes fear that the water contamination and consumer class action suits are distracting those lawsuits from people who have suffered direct instead of theoretical injury from PFAS/AFFF.

March 4, 2024

Three Connecticut residents have filed a proposed class action against Kimberly-Clark Corp., alleging that the company contaminated private wells near its New Milford manufacturing plant with toxic chemicals.  This PFAS lawsuit claims that Kimberly-Clark’s emissions from its facility’s smokestacks spread PFAS  into the air and surrounding area, poisoning private drinking water wells.

Kimberly-Clark’s New Milford facility, which has been producing paper products since the 1950s.  The suit claims it utilizes forever chemicals in its manufacturing process, potentially leading to health issues and property devaluation.

The complaint outlines two proposed classes: one for property owners affected by the contamination and another for those who ingested the contaminants.

February 29, 2024

On Wednesday, the U.S. Food and Drug Administration announced that substances commonly referred to as “forever chemicals” are no longer permitted for use in the production of food packaging that is resistant to grease, such as containers used for take-out food.

This great decision eliminates a significant pathway through which people have been exposed to these awful chemicals.

February 27, 2024

The U.S. government submitted three motions to the U.S. District Court for the District of South Carolina, explaining why it believes the court should reject claims that the military is responsible for environmental damage attributed in New Mexico to the use of fire-fighting foams containing per- and polyfluoroalkyl substances (PFAS).

These motions respond to claims of nationwide environmental harm and damage alleged by the state of New Mexico and four dairy farms, which they attribute to activities at Cannon Air Force Base. The government argues for the dismissal of New Mexico’s claims due to lack of subject-matter jurisdiction under section 113(h) of CERCLA. This section restricts federal courts from hearing challenges to ongoing cleanup efforts.  I’m not sure why a civil lawsuit for the damages relates to the Air Force’s ongoing investigation and remediation efforts at CAFB and why money damages for the harm caused would interfere with these efforts.

They also assert that the use and handling of AFFF were integral to the Air Force’s military mission, and the decisions challenged by the plaintiffs are examples of discretionary, policy-based decisions made in furtherance of that mission. Such decisions are protected under the FTCA’s Discretionary Function Exception (28 U.S.C. § 2680(a)), which essentially provides immunity to the United States for actions taken as part of a government official’s discretionary functions or duties, as long as the actions are not illegal or based on statutory violations.

Should the court side with the federal government, absolving it of liability – I don’t think it will – water contamination lawyers will change gears and file against the PFAS makers.

February 26, 2024

In a new PFAS lawsuit filed in the Circuit Court of Madison County, Illinois, the plaintiff, a resident of Bethalto, Madison County, alleges that his diagnosis of testicular cancer was caused or contributed to by exposure to  PFAS, TCE, and other toxic chemicals. These substances were reportedly manufactured, sold, distributed, marketed, designed, supplied, stored, and/or used by various defendants, including Shell USA, Phillips 66, Aton, Safety Kleen Systems, 3M, and others.

The complaint describes the plaintiff’s long-term exposure to PFAS through drinking water in Wood River, Madison County, where he was born and raised. The lawsuit includes several counts against the defendants, covering negligence and strict liability for design defect and failure to warn in connection with the PFAS chemicals.

Additionally, specific counts are directed against industrial defendants and Safety-Kleen Systems, outlining their roles in the plaintiff’s exposure to harmful substances. The complaint argues that the defendants were aware or should have been aware of the risks associated with PFAS and TCE but failed to protect public health, contributing to the plaintiff’s cancer diagnosis. The plaintiff seeks compensatory damages exceeding $50,000.00, along with other relief deemed appropriate by the court.

February 25, 2024

In 2024, policymakers in 36 states are set to review over 450 bills targeting toxic chemicals, with a significant focus on PFAS, as per a report by Safer States, an alliance of environmental organizations. This initiative marks a potential record year for PFAS bans, extending beyond mere prohibitions to include measures like monitoring and testing of PFAS in various environments, and labeling restrictions in products such as firefighting equipment.

The movement gains momentum from diverse groups including firefighters, farmers, and families, aiming to mitigate the risks associated with petrochemicals and toxic materials. Additionally, at least 25 states will contemplate laws to curb plastic pollution and waste, while no fewer than 15 states are expected to examine regulations on harmful chemicals in cosmetics, alongside other environmental health issues like microplastics in drinking water and chemical disclosure. This effort reflects a broader push towards eliminating toxic substances from consumer products and adopting safer alternatives.

February 15, 2024

Seneca County’s field a federal lawsuit this morning against a former Army depot in New York highlights that the depot’s use of firefighting foam contaminated the county’s drinking water with PFAS, leading to serious health concerns.

Sampling of the plaintiff’s drinking water on September 10, 2019, revealed PFAS levels significantly above New York State’s maximum contaminant levels (MCL) for PFOA and PFOS, with PFOA at 1,360 ppt, PFHxS at 2,790 ppt, and PFHxA at 1,090 ppt.

The complaint underscores that the Seneca Army Depot (SAD) stored and utilized large quantities of aqueous film-forming foam containing PFCs for firefighting and explosion training exercises, knowingly releasing these hard-to-breakdown chemicals into the environment until about 2009 despite awareness of their toxicity.

The PFAS lawsuit alleges that the Department of Defense’s prolonged use of these dangerous substances has led to their infiltration into the air, soil, groundwater, and ultimately, the county’s water supply. Filed in the U.S. District Court for the Western District of New York, the lawsuit seeks reimbursement for the costs of investigating this contamination and funding for a water treatment system to eliminate PFAS from Seneca County’s water.

February 14, 2024

February 9, 2024

A North Carolina court has ruled that current subsidiaries and spinoffs originating from the chemical giant E.I. du Pont de Nemours and Co. may be accountable for alleged contamination from PFAS company.

The context for this ruling is a legal action that accuses these entities, stemming from a lawsuit initiated in 2020, of contributing to pollution affecting the state’s air, land, and water through their activities at the Fayetteville Works chemical plant in North Carolina. The lawsuit names all three DuPont companies, including E.I. du Pont and The Chemours Co., blaming them for the dissemination of PFAS chemicals.

February 2, 2024

The EPA has proposed two significant waste rules aimed at addressing the management of hazardous wastes, including specific PFAS chemicals.

These initiatives would empower the EPA, alongside state and local governments, to mandate investigations and remediation efforts for PFAS contamination.

The most important new rule seeks to classify nine particular PFAS chemicals as hazardous constituents under the Resource Conservation and Recovery Act (RCRA), enhancing the regulatory framework for managing PFAS-containing waste.

The proposed rules, which will be open for public comment, are part of the EPA’s new hustle to regulate PFAS through multiple legal avenues, including the Toxic Substances Control Act and the Safe Drinking Water Act.

February 1, 2024

A new PFAS lawsuit was filed last week by the Village of Johnson City. It centers on allegations of environmental contamination and damage caused by PFAS (per- and polyfluoroalkyl substances) emanating from the United States Air Force (called Plant 59).

The Village asserts that for six decades, the activities at USAF Plant 59 have created a substantial risk of PFAS contamination to surface soils, sediments, stormwater runoff, and groundwater, ultimately threatening the safety and quality of the Village’s drinking water supply. The lawsuit accuses USAF Plant 59 of knowing or recklessly disregarding the risk that such contamination would substantially harm the Village and its water customers.

This PFAS lawsuit outlines two primary claims:

1. Continuing Public Nuisance: It is argued that USAF Plant 59’s actions and inactions have unreasonably and significantly interfered with the common rights of the Village and its residents and businesses to a safe source of drinking water. This interference is said to have caused detrimental effects on public health, welfare, safety, comfort, and convenience, thus constituting a public nuisance. The Plant is accused of failing to remove PFAS contamination or to stop its migration to the Village’s water supply, thereby perpetuating this nuisance.
2. Continuing Trespass: The Village alleges that the PFAS contamination from USAF Plant 59 has unlawfully migrated onto its property used for collecting drinking water, constituting a trespass and unlawful interference with its property rights. The complaint states that USAF Plant 59 has not taken adequate steps to remove the contamination or prevent its ongoing migration, thus continuing the trespass against the Village’s property rights.

The lawsuit seeks various forms of relief, including monetary damages for the continuing trespass and public nuisance, reimbursement for past and future costs incurred by the Village to investigate and mitigate the contamination, payment for or reimbursement of the costs of installing a treatment system to remove PFAS from the Village’s water supply, reasonable attorney fees and legal expenses, and any other relief deemed just and proper by the Court.

There is no question that PFAS contamination at military bases across the United States represents a significant health risk, with some bases showing alarmingly high levels of these hazardous chemicals. For veterans stationed at these locations, unknowing exposure to PFAS and potentially other toxic substances has had health implications.

January 31, 2024

The 3rd Circuit deliberated yesterday on whether the EPA’s health advisory for two PFAS (hexafluoropropylene oxide dimer acid and its ammonium salt), known as “GenX chemicals,” constitutes a legal requirement.

The Chemours Company is challenging the 2022 advisory, which suggests that concentrations above ten parts per trillion in drinking water may pose health risks, such as liver abnormalities.

The critical issue in the oral arguments was whether such advisories are regulatory and enforceable. The EPA argued that they are informational, non-enforceable, and not regulatory, as per the Safe Drinking Water Act.

Chemours countered that these advisories have immediate practical implications. It cited an example of a Utah waste permit where compliance with the advisory is enforceable under state or federal law.

We discuss this case more in our January 2nd update below.

This is a big ruling. It will probably come faster than most 3rd Circuit rulings.

January 28, 2024

• Which military bases pose the greatest risk of PFAS?

• Altus Air Force Base (Oklahoma): 1 million ppt
• Barksdale Air Force Base (Louisiana): 1 million ppt
• Charleston Air Force Base (South Carolina): 1 million ppt
• England Air Force Base (Louisiana): 21 million ppt
• Langley Air Force Base (Virginia): 2 million ppt
• Myrtle Beach Air Force Base (South Carolina): 3 million ppt
• Naval Air Station Jacksonville (Florida): 1 million ppt
• Naval Air Weapons Station China Lake (California): 8 million ppt
• Patrick Air Force Base (Florida): 4 million ppt
• Port Hueneme Naval Base (California): 1 million ppt