HARRISBURG – Pennsylvania-American Water Company is suing a large group of corporations beginning with 3M, for their alleged actions in causing groundwater contamination in its local wells through the use of its products containing per- and polyfluoroalkyl substances (PFAS).
Pennsylvania-American Water Company of Mechanicsburg first filed suit in the Cumberland County Court of Common Pleas on Oct. 21 versus 3M, E.I. DuPont De Nemours and Company, The Chemours Company LLC, Tyco Fire Products, LP and dozens of other companies.
(The defendants later removed the suit to the U.S. District Court for the Middle District of Pennsylvania on Feb. 11.)
According to the litigation, the defendants are all manufacturers of fire suppression products, including aqueous film forming foam (AFFF), which contained water-soluble toxins such as perfluoroctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS), which have been in production use for more than 60 years.
PFOA and PFOS are part of the PFAS family. Consumer products like Teflon, Scotch guard, waterproofing compounds, stain proofing compounds, paper and cloth coatings, waxes, and various other products were popular uses for PFAS.
The suit adds PFAS has manifested in wells overseen and controlled by the Pennsylvania-American Water Company. Per the lawsuit, injuries are not sudden and can arise months, years or decades after exposure to PFOA and PFOS.
Though 3M ceased production of AFFF manufactured with PFOA and PFOS in 2002, it allegedly knew of the risks it would pose to both the environment and human health.
Many other lawsuits on this topic have become part of a growing number being heard in a South Carolina multi-district litigation and now that the instant case has been removed to federal court, it will likely end up there.
Meanwhile, states are imposing their own PFAS regulations and hiring private lawyers to file lawsuits, while Democrats in Congress push for putting a label on PFAS that will lead to litigation against more defendants.
While the Environmental Protection Agency has referenced possible carcinogenic potential for PFAS, others complain that it’s all too premature and that the exact health effects of PFAS in the human body aren't known yet.
At the moment, 3M asserts it was responsible in its corporate conduct for PFAS.
“3M acted responsibly in connection with its manufacture and sale of AFFF (aqueous film-forming foam) and products containing PFAS. We will continue to vigorously defend our record of environmental stewardship,” said Sean Lynch, Media Relations Specialist for 3M.
Meanwhile, Pennsylvania-American Water Company says it has had to incur “substantial costs” for remediation of toxicity issues directly connected to PFAS contamination.
For counts of strict liability, strict liability (failure to warn), strict liability (design defect), negligence, private nuisance, public nuisance and violation of the Pennsylvania Uniform Fraudulent Transfer Act, the plaintiff is seeking damages, jointly and severally, for all costs and damages incurred by plaintiff, interim and future capital, operation and maintenance costs related to PFAS contamination, abatement of nuisance and destruction or loss resulting from PFAS contamination, an entry of judgment for all of the aforementioned costs, punitive damages, consequential damages, an injunction requiring defendants to abate their nuisance, costs, attorney’s fees, pre-judgment interest, such other relief as the Court and/or jury deem appropriate, plus a trial by jury.
The plaintiff is represented by Christiaan A. Marcum of Richardson Patrick Westbrook & Brickman in Mount Pleasant, S.C., T. Roe Frazer II and Trey Frazer of Frazer, PLC in Nashville, Tenn., plus Elizabeth Rose Triscari of Pennsylvania-American Water Company, in Mechanicsburg.
Defendants Tyco Fire Products, LP and Chemguard, Inc. are represented by Jason A. Levine and Mark A. Aronchick of Hangley Aronchick Segal Pudlin & Schiller, in Philadelphia.
U.S. District Court for the Middle District of Pennsylvania case 1:21-cv-00258
Cumberland County Court of Common Pleas case 2020-03171
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com