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Bulletin #59, State Actions on PFAS Contamination
|
State
|
Attorneys General |
Date case filed or Consent Order |
Notes |
|
Alabama |
Shawn Sibley (general counsel) |
July 24, 2020 |
“3M to Assess Alabama PFAS Risks in ‘Precedent-Setting’ Deal (2).”1 |
|
Alaska |
Treg Taylor |
April 7, 2021 |
3M, DuPont and “dozens of other companies…”2 “The Alaska lawsuit is against three types of companies: (1) PFAS manufacturers, (2) PFAS distributors and (3) aqueous film-forming foam (AFFF).”3 |
|
Colorado |
Phil Weiser |
February 28, 2022 |
“15 companies over firefighting foam containing toxic ‘forever chemicals”4 |
|
Delaware |
Kathy Jennings |
July 13, 2021 |
“Delaware settles with PFAS-linked companies to fund testing, cleanup”5 |
|
Florida |
Ashley Moody |
April 2022 |
“Suing makers of certain firefighting foams”6 |
|
Illinois |
Kwame Raoul |
January 7, 2022 |
Sugar Camp Energy LLC Coal Mine near Macedonia, Illinois7 |
|
Illinois |
Kwame Raoul |
March 16, 2022 |
3M Cordova Plant along the Mississippi River just North of the Quad Cities8 |
|
Maine |
Aaron Frey |
May 17, 2022 |
Outside council is being enlisted9 (In preparation) |
|
Massachusetts |
Maura Healey |
May 25, 2022 |
“13 manufacturers of poly- and perfluoroalkyl (PFAS) “forever” chemicals used in firefighting foams…”10 |
|
Michigan |
Dana Nessel |
January 1, 2020 |
This is the first legal action taken by the state against PFAS manufacturers – there are 17 defendants11 |
|
Minnesota |
Keith Ellison |
December 2010 |
An Agreement and Order settled the lawsuit on February 20, 2018. 3M was required to pay $850 million to Minnesota in the form of a restricted grant.12 |
|
Minnesota |
Attorney General |
2007 |
MPCA and 3M agree to Consent Order outlining 3M’s responsibilities for groundwater contamination.13 |
|
Mississippi |
Lynn Fitch |
December 17, 2020 |
“Mississippi Attorney General Lynn Fitch filed a lawsuit against 3M, DuPont, Chemours and numerous affiliated companies over contamination of the state’s natural resources…”14 |
|
New Hampshire |
Gordon J. MacDonald |
May 29, 2019 |
“State of New Hampshire vs. 3M Company, E.I. Du Pont de Nemours and Company, The Chemours Company LLC, Chemguard Inc., Tyco Fire Products LP, Buckeye Fire Equipment Company; Kidde-Fenwal, Inc; and National Foam, Inc.”15 |
|
New Jersey |
Gurbir S. Grewal |
November 10, 2020 |
“Attorney General, DEP Commissioner Announce Two New Natural Resource Damage Lawsuits over Contamination of Riverfront Sites”16 |
|
New Mexico |
Hector Balderas |
July 16, 2020 |
“New Mexico joins multidistrict litigation against firefighting foam manufacturers for PFAS contamination”17 |
|
New York |
Letitia James |
Nov. 5, 2019 |
“N.Y. Sues Chemours, DuPont, 3M Over PFAS Contamination (2)”18 |
|
North Carolina |
Josh Stein |
November 4, 2021 |
“four lawsuits filed against 14 manufacturers of Aqueous Film Forming Foam (AFFF)…” …”including 3M and DuPont…”19 |
|
North Carolina |
Josh Stein |
October 13, 2020 |
“Josh Stein says the chemical companies put profits over people and need “to pay for the mess they created.””20 |
|
Ohio |
Mike DeWine |
February 8, 2018 |
“Attorney General DeWine Files Lawsuit Against DuPont for Releasing Toxic Chemical into Ohio for Decades”21 |
|
Pennsylvania |
|
May 19, 2021 |
District Attorney, Jack Stollsteimer of Delaware County (PA) sues PFAS makers for contamination at fire-fighting sites.22 |
|
Vermont |
T.J. Donovan |
June 27, 2019 |
Two lawsuits were filed against 3M Companies, DuPont and related DuPont companies as the major chemical makers who manufactured and distributed PFAS chemicals and related products. Related firefighting foam companies were named as co-defendants in the AFFF firefighting foam action.23 |
|
Wisconsin |
Josh Kaul |
March 13, 2022 |
“Civil environmental enforcement lawsuit against Johnson Controls, Inc. (JCI) and Tyco Fire Products LP (Tyco) for alleged violations of the state’s hazardous substance spills law related to discharges of … PFAS.”24 |
|
US Territories |
|
||
|
Guam |
Leevin Taitano Camacho |
September 5, 2019 |
“The Government of Guam filed a complaint in the Superior Court of Guam against The 3M Co., Tyco Fire Products and others alleging strict products liability, negligence, public nuisance and violation of the Consumer Protection Act.”25 |
Last summer, a PFAS Litigation Survey reported 13,000+ legal cases in the Multi District Litigation (MDL) on Aqueous Film-Forming Foam Products Liability Litigation.26
Some fire departments still use AFFF. Now, you know!
For more information, contact the Foam Exposure Committee: codepfas@gmail.com
Notes
1 3M to Assess Alabama PFAS Risks in ‘Precedent-Setting’ Deal (2), Sylvia Carignan, July 24, 2020, news.bloomberglaw.com/environment-and-energy/3m-to-assess-health-risks-at-alabamas-pfas-contaminated-sites
2 State of Alaska, Department of Law, Press Release, Alaska Attorney General Files Complaint Seeking Damages Against PFAS Manufacturers, April 7, 2021, tinyurl.com/32978yph
3 Gerling Law, Alaska Files Lawsuit Against Companies Linked To PFAS And AFFF, Gayle Gerling Pettinga, Aug 2, 2021, www.gerlinglaw.com/alaska-files-lawsuit-against-companies-linked-to-pfas-and-afff/
4 Colorado Attorney General, Attorney General Phil Weiser files lawsuit against 15 companies over firefighting foam containing toxic ‘forever chemicals,’ Feb. 28, 2022, coag.gov/press-releases/2-28-22/
5 Delaware Public Media, Delaware settles with PFAS-linked companies to fund testing, cleanup, Sophia Schmidt, July 13, 2021, www.delawarepublic.org/politics-government/2021-07-13/delaware-settles-with-pfas-linked-companies-to-fund-testing-cleanup
6 Miami Herald / Tampa Bay Times, Florida sues chemical companies over potential health risks from firefighting foam, Zachary T. Sampson, May 03 2022, www.miamiherald.com/news/local/environment/article261019177.html?fbclid=IwAR0hyvjgIvaaAGHZ00ez1DEwvUCcWNjtj6F3h4BkqpKa-8Y47zOkoh5VU8c
7 Illinois Attorney General, Attorney General Raoul Files Lawsuit Against Sugar Camp Energy, LLC Over Misuse of Toxic “Forever Chemicals,” Jan. 7, 2022, www.illinoisattorneygeneral.gov/pressroom/2022_01/20220107.html
8 TV6 News, Illinois IG suing 3M over leaked “Forever Chemicals,’ Hernan Gutierrez, Apr. 4, 2022, www.kwqc.com/2022/04/05/illinois-ig-suing-3m-over-forever-chemicals/
9 AP News, Maine attorney general plans to sue over PFAS contamination, May 17, 2022, apnews.com/article/lawsuits-maine-bangor-9ee848c32ae90be334afaea87820ea80
10 Mass.gov Press Release, Office of Attorney General Maura Healey, AG Healey Sues Manufacturers of Toxic ‘Forever’ Chemicals for Contaminating Massachusetts Drinking Water and Damaging Natural Resources, 5/25/2022, www.mass.gov/news/ag-healey-sues-manufacturers-of-toxic-forever-chemicals-for-contaminating-massachusetts-drinking-water-and-damaging-natural-resources
11 Michigan.gov, Combating PFAS Contamination in Michigan, accessed June 4, 2022, www.michigan.gov/ag/initiatives/pfas-contamination
12 The Office of Minnesota Attorney General Keith Ellison, State’s Second Amended Exhibit List, Accessed June 4, 2022, www.ag.state.mn.us/Office/Cases/3M/StatesExhibits.asp
13 State of Minnesota, Minnesota Pollution Control Agency (MPCA) PFAS Response and 3M Natural Resource Damage Settlement, Wisconsin DNR Brownfields Study Group – September 2018, Gary L. Krueger, Supervisor – MPCA Superfund Program, Per- and Polyfluoroalkyl Substances (PFAS), p. 4, dnr.wisconsin.gov/sites/default/files/topic/Brownfields/bsg/MNPFASPres1809.pdf and The Office of Minnesota Attorney General Keith Ellison, 3M Lawsuit, Accessed June 4, 2022, www.ag.state.mn.us/Office/Cases/3M/
14 State Energy & Environmental Impact Center, NYU School of Law, Mississippi AG Filed Lawsuit Against Chemical Companies Over PFAS Contamination, Dec 17, 2020, stateimpactcenter.org/ag-work/ag-actions/mississippi-ag-filed-lawsuit-against-chemical-companies-over-pfas
15 New Hampshire Governor Chris Sununu, Press Release, State of New Hampshire Announces Historic Lawsuit, Actions to Protect Clean Drinking Water in New Hampshire, May 29, 2019, www.governor.nh.gov/news-and-media/state-new-hampshire-announces-historic-lawsuit-actions-protect-clean-drinking-water
16 Attorney General Press Release, Office of the Attorney General, Attorney General, DEP Commissioner Announce Two New Natural Resource Damage Lawsuits over Contamination of Riverfront Sites, November 10, 2020, www.nj.gov/dep/newsrel/2020/20_1110.htm17 and Bloomberg Law, N.Y. Sues Chemours, DuPont, 3M Over PFAS Contamination (2), Nov. 5, 2019, news.bloomberglaw.com/environment-and-energy/n-y-sues-chemours-dupont-3m-over-pfas-contamination
17 New Mexico Political Report, Air Force, New Mexico joins multidistrict litigation against firefighting foam manufacturers for PFAS contamination, Kendra Chamberlain, July 16, 2020, nmpoliticalreport.com/2020/07/16/new-mexico-joins-multidistrict-litigation-against-firefighting-foam-manufacturers-for-pfas-contamination/
18 United States District Court for the District of South Carolina, Charleston Division, State of Mississippi v. 3M Company, E.I. DuPont de Nemours and Company, et al., December 17, 2020, www.law.nyu.edu/sites/default/files/miss-ag-pfas-lawsuit.pdf
19 Department of Justice, North Carolina, Attorney General Josh Stein Files Four Lawsuits Against 14 Companies Over Toxic Firefighting Foam, November 4, 2021, ncdoj.gov/attorney-general-josh-stein-files-four-lawsuits-against-14-companies-over-toxic-firefighting-foam/
20 North Carolina Health News, North Carolina attorney general sues Chemours, DuPont over PFAS contamination, Greg Barnes, October 14, 2020, www.northcarolinahealthnews.org/2020/10/14/north-carolina-attorney-general-sues-chemours-dupont-over-pfas-contamination/
21 Dave Yost, Ohio Attorney General, News Releases, Attorney General DeWine Files Lawsuit Against DuPont for Releasing Toxic Chemical into Ohio for Decades, 2/8/2018, www.ohioattorneygeneral.gov/Media/News-Releases/February-2018/Attorney-General-DeWine-Files-Lawsuit-Against-DuPo
22 StateImpact Pennsylvania, Delaware County sues PFAS makers for contamination at fire-fighting sites, Jon Hurdle, May 10 2021, stateimpact.npr.org/pennsylvania/2021/05/19/delaware-county-sues-pfas-makers-for-contamination-at-fire-fighting-sites/ and The PFAS Project Lab, Northeastern University, Delaware County sues chemical makers over PFAS contamination at three fire facilities, Frank Kummer (The Philadelphia Inquirer) May 19, 2021, parkusa.com/index.php/products/chemical-handling/af3-chem
23 VT Office of the Vermont Attorney General, TJ Donovan, Vermont Attorney General, Vermont Files Suit Against Manufacturers of PFAS Chemicals to Protect Drinking Water and Natural Resources, June 27, 2019, ago.vermont.gov/blog/2019/06/27/vermont-files-suit-against-manufacturers-of-pfas-chemicals-to-protect-drinking-water-and-natural-resources/
24 Wisconsin Department of Justice, AG Kaul Files Lawsuit Against Johnson Controls, Inc. and Tyco Fire Products for PFAS Violations, Mar 13, 2022, www.doj.state.wi.us/news-releases/ag-kaul-files-lawsuit-against-johnson-controls-inc-and-tyco-fire-products-pfas
25 Legal Newsline, Guam files PFAS lawsuit against 3M, Marian Johns, Jan 13, 2020, legalnewsline.com/stories/523080135-guam-files-pfas-lawsuit-against-3m and Office of the Attorney General Leevin Taitano Camacho, Attorney General of Guam, In the Superior Court of Guam, Civil Case No. CV 1080-19, Hagatna, Guam, September 5, 2019, oagguam.org/wp-content/uploads/2019/09/PFAS-Complaint.pdf
26 PFAS Litigation Survey, Prepared by Ricardo Pagulayan, Baker Botts Summer Associate, July 8, 2021, Prepared for Information Purposes, www.texenrls.org/wp-content/uploads/2021/08/PFAS-Litigation-Survey-July-2020.-Alexandra-Dunn.pdf
