Oregon sues to stop contamination by PFAS chemicals
Published 5:00 pm Monday, June 5, 2023
- Oregon Attorney General Ellen Rosenblum filed a lawsuit against 21 manufacturers just two days before three companies — DuPont, Chemours and Corteva — reached a $1.2 billion settlement of some claims of contaminated drinking water.
SALEM — Oregon and Washington are the latest states to sue manufacturers, including 3M and DuPont, in connection with firefighting foam and its alleged link to contamination by so-called forever chemicals.
Attorneys General Ellen Rosenblum, of Oregon, and Bob Ferguson, of Washington, filed separate suits against 21 manufacturers just two days before three companies — DuPont, Chemours and Corteva — reached a $1.2 billion settlement of some claims of contaminated drinking water. The chemicals are known as PFAS, for per- and polyfluoroalkyl substances, which have been linked to cancers, liver damage and weakened immune systems.
Bloomberg News also reported that 3M has reached a multibillion-dollar deal to resolve already-filed claims, though it was not confirmed.
PFAS persist in the human body and the environment. They are found in firefighting foam used at commercial airports and military bases, waterproof jackets and other clothing, and nonstick coatings on pans and food containers.
The current Oregon Legislature has passed a law (Senate Bill 543) that bans such coatings on food containers, along with polystyrene, effective in 2025.
Rhode Island also filed a similar suit on May 25, and Maryland a pair of suits on May 30. Thousands of pending suits have been consolidated in an action pending before a federal judge in South Carolina. Washington state’s suit was filed in King County (Seattle) Superior Court.
Oregon’s suit was filed in Multnomah County Circuit Court, where Rosenblum said state lawyers intend to show that the manufacturers introduced the foam and chemical contamination to Portland International Airport and Kingsley Field Air National Guard base in Klamath Falls.
Her statement:
“We intend to prove these defendants knew for decades that PFAS — and, particularly, PFAS-containing firefighting foam — is dangerous to human health and to the environment. They have profited mightily from their flagrant disregard for the health and safety of Oregonians and our natural resources. Defendants’ actions have caused these toxic and persistent ‘forever chemicals’ to contaminate our pristine state and will require significant expense to investigate, treat, and remediate. We will not let them off the hook.”
In its request for relief, the state has asked the court to order defendants to remove and remediate defendants’ PFAS contamination linked to foam on all lands and all waters that the state owns, possesses, controls, or holds in trust for the benefit of the public; order restitution; and award damages in an amount be proven at trial.
The state further requests compensation for all past and future costs that have been or could be expended by the state or public for the investigation, testing, treatment, remediation and restoration of drinking water impacted by foam-related PFAS contamination across Oregon.