NRWA Files Suit Against PFAS Manufacturers

The National Rural Water Association (NRWA) filed a lawsuit against per- and polyfluoroalkyl substances (PFAS) manufacturers for making and selling the chemicals.

The lawsuit is seeking money for testing and treatment as well as damages and penalties from the 3M Co., Tyco Fire Products L.P., National Foam, Inc., Buckeye Fire Protection, Chemguard, Dupont and the Chemours Company.

The NRWA and its members are being tasked with expending significant resources to test and remediate groundwater contamination, according to the press release.

“Defendants were aware that PFAS chemicals are toxic to animals and humans, do not biodegrade, are persistent in the environment, move easily through soil and groundwater, and pose a significant risk to the environment and human health,” said the five-count complaint. "Nevertheless, they elected to manufacture, market, and sell these chemicals, placing profits over human health and the environment.”

According to the class action lawsuit, the relief is necessary to determine the extent of the contamination, in order to protect the public health and the environment.

The suit also mentions that these companies designed and sold aqueous film-forming foam (AFFF) products ridden with PFAS, which is used at military and civilian airports throughout the U.S.

“The Class Members do not possess the resources necessary to test and determine if their drinking water wells are contaminated with PFAS,” alleges the complaint. “As a result, they have no way of knowing whether they are endangering the health of their citizens by providing drinking water contaminated with PFAS.”

The five-count complaint touches upon the following: strict liability for a defective products (AFFF), failure to warn about the drinking water wells laden with PFAS, negligence, public nuisance and trespassing.