PA American Water sues makers of ‘forever chemicals’
One of Pennsylvania’s largest water utilities has sued 3M, DuPont and a host of other companies, alleging they knew — or should have known — that so-called “forever chemicals” they manufactured and distributed pose da hazard to the public.
The lawsuit, filed by Pennsylvania American Water, is seeking compensation for its ongoing cost to treat drinking water supplies across the state that have been tainted by toxic per-and po ly-flu oro alkyl substances( or PFAS for short) that have been linked to a variety of birth defects, cancers and other health effects.
“Defendants distributed, handled, discharged and were otherwise responsible for the release of PFAS into the environment without sufficient containment for caution,” the filing reads.
The U.S. Environmental Protection Agency is still developing standards for handling the chemicals, which were commonly found in firefighting foam, heat- and water-resistant materials and nonstick cookware. It set a 70 parts per trillion limit on PFAS chemicals in drinking water, but that’s a health advisory, not a regulation that has the force of law.
Sean Lynch, a spokesman for 3M, said the company “will vigorously defend its record of environmental stewardship,” noting that the company has spent $200 to remediate areas where it manufactured or disposed of PFAS materials.
Spokespeople for DuPont and PA American Water did not respond to requests for comment.
Until recently, PFAS were not routinely monitored in drinking water supplies, but as awareness grows, more and more water companies are testing for them and installing additional filtration equipmentto remove them.
PFAS are most commonly found in water supplies around airports, firefighting training grounds and military bases — including Harrisburg International Airport and Naval Support Activity Mechanicsburg — but they’ve been detected far from the original source of contamination.
The synthetic chemicals were first developed by 3M chemists in the 1930s and mass-marketed in the ’40s and ’50s for their insulating properties. But the chemical bonds that give PFAS their heat, oil and water-resistant qualities are so resilient they don’t break down in the environment— or in the human body.
Researchers are still learning about the risks, but studies indicate a host of health effects, including developmental disorders such as low birth weight and accelerated puberty, many different forms of cancer (such as kidney and testicular), liver damage, immunity suppression, thyroid disorders and even elevated cholesterol.
Addressing these problems, both the health effects and the environment remediation, will be costly.
The U.S. Department of Defense, which is liable for PFAS remediation at military installations, currently estimates a cleanup cost of $33 billion. DuPont entered into a $4 billion agreement with several other manufacturers to cover its legal liabilities, according to its most recent annual report with the U.S. Securities and Exchange Commission.
In its most recent quarterly report, 3M reported PFAS-related legal liabilities of at least $375 million. 3M has not made future projections.
“Accruals represent [3M’s] best estimate of the probable loss,” the filing reads. “The company is not able to estimate a possible loss or range of loss in excess of the established accruals at this time.”
3M reported that it expects to pay for remediation at its own manufacturing facilities for up to 20 years. That does not include the potential for widespread contamination as its PFAS-containing products were used in households across the country. As of Sept. 30, 3M was a named a defendant in 22 lawsuits.