Maryland AG Sues Chemical Manufacturers Over Widespread PFAS Contamination (Claims Pages Staff)

Maryland AG Sues Chemical Manufacturers Over Widespread PFAS Contamination

  Thursday, June 1st, 2023 Source: Claims Pages Staff

In a significant move to protect the environment and public health, Attorney General Anthony G. Brown has announced the filing of two lawsuits on behalf of the State of Maryland.

The lawsuits aim to hold multiple chemical manufacturers accountable for the widespread and ongoing contamination of Maryland’s natural resources, as well as the harm caused to public health.

The lawsuits specifically target corporations such as 3M, DuPont, and others that have been involved in the manufacture, marketing, and sale of toxic per- and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals." It is alleged that these corporations are responsible for the contamination of Maryland’s environment through various pathways, jeopardizing the health of Maryland residents.

One of the lawsuits focuses on the contamination caused by PFAS present in aqueous film-forming foam (AFFF), commonly referred to as "firefighting foam." This foam has been widely used by the U.S. military, airports, industrial facilities, and local fire departments for decades.

The second lawsuit addresses contamination caused by PFAS from non-AFFF sources, including numerous consumer products. These chemicals have entered Maryland’s environment through industrial facilities, improper use and disposal of products, landfills receiving PFAS-containing waste, and wastewater treatment facilities with PFAS-contaminated waste streams.

The lawsuits assert that the defendants were aware of the dangers associated with their PFAS products many decades ago. Despite this knowledge, they allegedly kept the risks hidden from the State and the public while continuing to profit from the manufacturing, marketing, and sales of these products in Maryland.

Exposure to PFAS has been linked to various diseases in both humans and animals, including kidney and testicular cancer, thyroid disease, ulcerative colitis, high cholesterol, pregnancy-induced hypertension, and low birth weight. Additionally, PFAS may impair the immune system, including the immune response to vaccines. These chemicals pose a serious threat to human health as they can be ingested, inhaled, and absorbed through the skin. It is estimated that PFAS are detectable in the bloodstream of 99 percent of the U.S. population.

PFAS, a group of over 9,000 human-made chemical compounds containing fluorine and carbon atoms, have been used since the 1940s in industrial settings and in the production of household and commercial products. These chemicals are known for their heat resistance, stain resistance, and water and oil repellency. The most extensively studied PFAS chemicals, PFOS and PFOA, have been found to be toxic even at very low concentrations. Due to their persistent nature, PFAS can easily migrate through soil and groundwater, traveling long distances, including into surface water. They are often referred to as "forever chemicals" because they do not readily degrade and can remain in the environment for hundreds or even thousands of years.

The lawsuits allege several claims, including defective design, failure to warn, public nuisance, trespass, and negligence. The State seeks damages and costs related to the investigation, cleanup, restoration, and treatment of natural resources affected by PFAS contamination.

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