State’s PFOA lawsuit leaves some feeling left behind
New York files lawsuit against makers of firefighting foam
TROY, N.Y. » That the state is suing the makers of a type of firefighting foam said to contain a harmful chemical is cold comfort to some.
Gov. Andrew M. Cuomo and New York Attorney General Barbara Underwood announced Thursday the state is suing six companies (3M Company, Tyco Fire Products LP, Chemguard, Inc., Buckeye Fire Equipment Company, National Foam, Inc., and Kidde-Fenwal, Inc.) that manufactured aqueous film-forming foam.
The foam, used to fight heavy fires, contains perfluorooctane sulfonic acid/perf luorooctane sulfo nate( PF OS) and/ or perfluorooctanoic acid/ per flu orooc tan oate (PFOA), chemicals believed to cause a number of health problems in people who ingest them over a long period of time.
PFOA has been a serious problem for the residents of Hoosick Falls (and it’s Vermont neighbor, North Bennington) since 2016, when PFOA was discovered in the village’s drinking water. There, the PFOA contamination is believed to have come from factories that made Teflon. The factories are now owned by SaintGobain Performance Plastics, and Honeywell International, both of which are being sued by Hoosick Falls.
“Once again, Hoosick Falls has been forgotten,” said Silvia Potter, a representative of the New York Water Project and Hoosick Falls resident, in a release. “If the Governor’s administration was truly doing everything in their power to protect New Yorkers, they would’ve delivered on the promise made to us two years ago and we’d have a new water source by now. Today’s announcement from the governor isn’t about the people who have been impacted forever by these toxic chemicals – it’s about political cover. We eagerly await the day when Governor Cuomo will return to Hoosick Falls to announce a new water source.”
While St. Gobain and Honeywell agreed to pay for water filtration equipment for the village’s water treatment plant, a new source is still being sought. The village’s options, however, are limited. Neighboring towns may not have enough supply, there’s concerns about pollution seeping into the deeper aquifers, and the nearest reservoir, the Tomhannock, would be expensive to tap into.
A DEC official, responding Thursday to Potter’s statement, said the state already has St. Gobain and Honeywell locked into legally binding agreements to clean up the pollution in Hoosick Falls, and find it an alternate water source.
According to the governor’s announcement, the aqueous filmforming foam has been found at sites across New York where fire departments trained with it, including Stewart Air National Guard Base in Newburgh and Gabreski Air National Guard Base in Southampton.
“As state experts continue to investigate contamination caused by firefighting foams, New York is working to end the dangerous practices that threaten our natural resources,” said Cuomo in a release. “By taking necessary legal action against these companies, we are sending a clear message that we will do everything in our power to protect New Yorkers.”
The foam’s manufacturers have caused widespread damage to drinking water across the state, according to Underwood.
“My office will hold these companies accountable for endangering the health of New Yorkers, including forcing them to fully repay the state for cleaning up the toxic mess they created,” she said.
According to the release, the companies being sued knew, or at least should have known, that the foam containing PFOS/PFOA “when used as intended, would likely injure and/or threaten public health and the environment.”
“When New York’s precious natural resources are threatened, the responsible parties must be held accountable and the public should be compensated for the damage,” said Department of Environmental Conservation Commissioner Basil Seggos. “New York state continues to take aggressive action in communities dealing with contamination and this lawsuit is another example of the hard line set by Governor Cuomo to ensure our residents and environment are protected.”