Bellwether ‘forever chemicals’ case heads to trial
The company 3M, which has been a major manufacturer of what are known as "forever chemicals," is staring down what could be a test case for whether it faces liability for water contamination caused by the toxic substances.
This upcoming week, claims from the city of Stuart, Fla., against 3M will go to trial.
This case is just one of hundreds that have been grouped together. They each pertain to claims about the use of a group of toxic chemicals, also called "PFAS," that are found in firefighting foam.
The case for the city of Stuart, which has about 18,000 residents, was selected last year as the first “bellwether” case of the group to go to trial.
Bellwether cases are often viewed as test cases in which both the accusers and the accused can see how legal issues will play out and make decisions about future litigation in accordance.
“This is really the first time that a case is against 3M — the other major contributor to the PFAS contamination in the world —[and] is going to go to trial,” Gary Douglas, the lead trial counsel representing the city, told The Hill, noting that chemical company DuPont has already faced a trial.
PFAS stands for per- and polyfluoroalkyl substances, a group of chemicals that have been linked to health problems including kidney and testicular cancer, thyroid issues and high cholesterol.
In addition to their use in firefighting foam, they can also be found in a variety of nonstick, waterproof and stain-resistant products, including Teflon pans.
PFAS have become pervasive over the years. According to the National Institute of Environmental Health Sciences, they can be found in the blood of 97 percent of Americans. Meanwhile, an analysis last year found the substances present in 83 percent of waterways samples that were tested.
They were nicknamed “forever chemicals” because they tend to linger in human bodies and the environment instead of breaking down.
The city claims in its lawsuit that the company “knowingly and willfully” made firefighting foam containing the toxic chemicals when they knew or should have known that they would “pollute drinking water supplies, render drinking water unusable and/or unsafe, and threaten public health and welfare.”
“We intend to prove that 3M is responsible for the contamination of virtually the entire planet, including the water in Stuart and that they withheld information from the public and from the EPA," Douglas said, adding "and therefore they should be held to account for their conduct."
The company in court denied the claims, saying in a filing that they are “incomplete and/or incorrect descriptions of complex scientific and technical matters.”
In addition, company spokesperson Sean Lynch provided an emailed statement to The Hill saying that the foam that contained the chemicals was a “critical tool” developed by the Navy with 3M’s support.
The statement added that the foam served “an important need for military service members and other first responders facing potentially high hazard, life-threatening challenges.”
Lynch also provided a more general statement explaining that 3M has “and will continue to take action consistent with our values — including remediating PFAS, investing in water treatment, and collaborating with communities.”
Douglas said the trial will center on the costs faced by the city to clean up its water, rather than litigating any specific health issues claimed by residents. He said it’s likely that this trial will be followed by another water provider case, and that individual personal injury claims are expected to follow.
3M, meanwhile, said last year that it would stop making PFAS and phase it out of its products by the end of 2025.