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Attorney General Josh Stein has been investigating the manufacturers responsible for PFAS contamination in North Carolina for quite some time. He increased the pressure last week by bringing a North Carolina Department of Justice suit against the makers of Aqueous Film Forming Foam (AFFF), a fire suppressant used by the military, firefighters and other first responders, an contributor to PFAS contamination.
At a Charlotte press conference, Stein was flanked by members of the Charlotte International Association of Fire Fighters Local 660 and the N.C. Department of Health and Human Services when he announced he was suing 14 AFFF manufacturers for their failure to tell those using the foam how to properly handle it and the risks involved. The defendants include Chemours, DuPont and 3M.
“The companies that manufactured this product knew or should have known of its risks and then sold it to either the local government for the firefighters or the federal government,” Stein said. “These companies lined their own pockets at the expense of people’s health. It’s unlawful and I’m going to court to put a stop to it.”
AFFF has been used for more than 60 years, in large part because it is a very effective fire suppressant. On the downside, however, it also contains high levels of two forever chemicals and is a major contributor to PFAS in groundwater.
The claim seeks damages for public nuisance, design defect and failure to adequately train those who use or warn about the potential health hazards. The lawsuit cites groundwater contamination at four different locations across the state--the Air National Guard base at Charlotte-Douglas International Airport, the Charlotte Police and Fire Training Academy, Goldsboro’s Seymour Johnson Air Force Base and the Air National Guard Base at Stanly County Airport.
According to the Centers for Disease Control and Prevention, the chemical is so ubiquitous that most Americans have PFAS in their blood which builds up in the human body over time. Scientists have linked the chemicals to a wide range of health effects, including certain cancers, high cholesterol and a weakened immune system.
PFAS levels at Seymour Johnson Air Force Base were more than 4,450 times greater than the amount EPA says can be safely tolerated. At the Charlotte Police and Fire Training Academy, forever chemicals were detected in 17 different groundwater wells at concentrations more than 1,800 times the EPA’s health advisory level.
Stein says these manufacturers should pay to clean up the mess they made so the state lawsuit seeks damages to cover the cost of cleanup and removal, water treatment, well replacement and monitoring. “Because of the damage they’ve done to our natural resources, the burden of cleaning that up should be on them,” he said.
Stein had already filed suit against Chemours and DuPont, alleging that, in an effort to limit its liability, DuPont spun off its performance chemical line because it knew of the risks posed by GenX and other chemicals. The two companies have been engaged in a battle of their own.
Last year, Chemours sued DuPont over the liabilities, which could amount to hundreds of millions of dollars to clean up former DuPont sites. The companies ultimately settled on how to pay for up to $4 billion in PFAS liabilities over the next 20 years. Chemours will be responsible for 50% of the costs of litigation and cleanup.
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