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Fire departments, military bases, airports, and other entities widely use Aqueous Film Forming Foam (AFFF). Its main use to combat fuel fires is because of its effectiveness in rapidly extinguishing flames.
The dark side of AFFF foam? It contains “forever chemicals” called PFAS. These linger in the environment and might harm our health. This has led to lawsuits against manufacturers and suppliers of AFFF, holding them accountable for environmental contamination and associated health issues.
Research has highlighted the extensive environmental and health impacts of PFAS, prompting increased scrutiny and regulatory actions. A study from 2022 found that PFAS contamination is more widespread than previously thought, affecting not only groundwater but also soil and air.
Let’s learn about these manufacturers who are key defendants in AFFF lawsuits today.
Who Are the Defendants in AFFF Lawsuits?
Here, we look into four prominent defendants in these lawsuits: 3M, DuPont, Chemours, and Tyco Fire Products. We’ll examine the allegations against them and recent developments, if any.
1. 3M
3M is one of the primary manufacturers of AFFF and has been a significant defendant in PFAS-related lawsuits. The company has faced numerous legal challenges for its role in producing and distributing AFFF that allegedly contaminated water supplies.
In June 2023, 3M agreed to pay over $10 billion to settle lawsuits related to PFAS contamination. This settlement aimed to resolve claims alleging that 3M polluted drinking water sources, leading to health risks such as cancer and liver damage.
Over the next 13 years, this settlement will fund clean-ups of PFAS contamination and testing of public water systems, safeguarding our water supply. It is one of the largest settlements of its kind, reflecting the widespread and persistent nature of PFAS contamination.
3M’s agreement to settle without admitting liability marks a significant step in ongoing efforts to address the impacts of PFAS. This settlement follows similar legal actions against other manufacturers, highlighting the growing accountability for PFAS pollution. The funds will help municipalities test for and remediate PFAS contamination, ensuring safer drinking water for millions of Americans.
Despite this settlement, 3M continues to face lawsuits from individuals and smaller communities seeking compensation for the damages caused by PFAS.
2. DuPont
DuPont, along with its spin-off company Chemours, has been a significant player in the AFFF market. Both companies have faced substantial legal scrutiny for their production and sale of PFAS-containing products.
Chemical companies DuPont, Chemours, and Corteva reached a major agreement in 2023 to resolve issues related to PFAS contamination. The settlement totals $1.185 billion. This settlement was part of a broader agreement to manage and mitigate the environmental and health impacts of PFAS pollution.
To address PFAS contamination, the companies have pledged to fund cleanup efforts and directly support impacted communities. This agreement resolves all PFAS-related drinking water claims for public water systems that serve most of the U.S. population.
The settlement, which still needs court approval, includes $592 million from Chemours, $400 million from DuPont, and $193 million from Corteva. This fund aims to support the remediation and testing of PFAS-contaminated water supplies, marking a significant step in addressing the impacts of PFAS.
3. Chemours
Chemours, a spin-off from DuPont, has inherited significant PFAS liabilities. The company is embroiled in an AFFF lawsuit related to PFAS contamination from foam and other chemicals.
Chemours has been proactive in addressing these issues, including establishing a $50 million remediation fund as part of its legal settlements. The company has also committed to reducing PFAS emissions at its facilities and investing in research to develop safer alternatives.
The firm reached a settlement agreement with the state of Ohio, committing $80 million to resolve allegations related to PFAS contamination. The settlement aims to address environmental impacts and fund cleanup efforts in affected areas. This agreement is part of broader efforts by Chemours to resolve PFAS-related liabilities and enhance environmental stewardship.
4. Tyco Fire Products
Johnson Controls’ fire protection company, Tyco Fire Products, is also facing lawsuits related to AFFF. Tyco has faced allegations that its AFFF products caused significant environmental contamination, particularly in communities near its manufacturing plants and testing sites.
Wisconsin filed a lawsuit against Tyco Fire Products in March 2022. They accused the company of illegally discharging PFAS chemicals from its fire training facility in Marinette.
The state alleges Tyco’s actions led to contamination of local water sources, harming public health and the environment. Wisconsin seeks compensation for cleanup costs and damages. The lawsuit highlights Tyco’s failure to prevent and address the release of hazardous substances, despite knowing the risks associated with PFAS.
In response to these allegations, Tyco has undertaken several measures to address the contamination. The company has been involved in extensive environmental cleanup efforts and has installed filtration systems in affected areas to remove PFAS from water supplies. Additionally, Tyco has been involved in ongoing litigation and settlement negotiations to resolve claims related to PFAS contamination.
What Is the Current Legal Landscape Looking Like?
The legal landscape surrounding AFFF and PFAS contamination continues to evolve, with numerous lawsuits still pending against these and other manufacturers.
According to TorHoerman Law, the Environmental Protection Agency (EPA) has formed a council to address the public health and environmental concerns surrounding PFAS chemicals.
The EPA is also actively involved in setting stricter regulations and guidelines to manage PFAS contamination. This includes lowering the acceptable levels of PFAS in drinking water.
To combat PFAS contamination, the EPA pledged $1 billion in funding. This will help states and territories test and treat public water systems, and assist private well owners in tackling the issue.
What Does the Future Look Like for These Companies and Society at Large?
The ongoing AFFF lawsuits against large companies like these underscore the significant legal and environmental challenges posed by PFAS contamination.
As these cases progress, they highlight the need for greater accountability and the development of safer firefighting alternatives. The substantial settlements and remediation efforts undertaken by these companies mark crucial steps toward addressing the widespread impact of PFAS.
However, it’s safe to conclude that the journey toward comprehensive resolution and environmental restoration is far from over.
By staying informed about these developments and supporting regulatory actions, communities can work towards a future free from the harmful effects of PFAS.
