3M

December 12, 2023

Ohio PFAS class action lawyers slam US judges; seek rehearing

By Shannon Kelleher

A federal appeals court should grant a rehearing in a class action lawsuit filed against the makers of toxic PFAS chemicals after a panel of three federal judges disregarded legal precedent and misstated crucial facts in rejecting claims of liability alleged against PFAS makers, according to a petition filed by plaintiffs’ lawyers in the closely watched legal battle.

The request for rehearing comes after last month’s ruling by the Cincinnati, Ohio-based 6th US Circuit Court of Appeals, which reversed a lower court’s approval of the lawsuit brought on behalf of Ohio residents who want PFAS makers 3M, DuPont and others to pay for medical monitoring and studies that will analyze the health impacts of PFAS contamination the residents have been exposed to. The plaintiff’s attorneys have requested either a panel rehearing; a hearing before all judges of the court; or permission for the plaintiff to refile.

Lead plaintiff Kevin Hardwick worked as a firefighter for 40 years and used PFAS-containing foams at work. He alleges that ten companies, including chemical giants 3M, DuPont, and related companies, caused his blood -and the blood of other Ohio residents – to become contaminated with potentially dangerous levels of PFAS chemicals. The judges who rejected the allegations said in their opinion that Hardwick could not trace the chemicals in his blood back to the ten defendants, citing “the thousands of companies that have manufactured chemicals of this general type over the past half-century.”

In the filing by plaintiffs’ lawyers on Monday, the lawyers for the class action said the judges were factually wrong on multiple fronts, including stating that there are thousands of PFAS manufacturers. One of the PFAS toxins found in Hardwick’s blood is perfluorooctane sulfonic acid (PFOS). PFOS has only been made by defendant 3M, for instance, a fact not even disputed by 3M, the petition states. Another type of PFAS found in his blood was perfluorooctanoic acid (PFOA).

“Defendants do not dispute that they caused PFOA (and other PFAS) to be created and deposited into human blood. Nor do they dispute that that these toxins did not exist before Defendants created them,” the Hardwick petition states. The defendants additionally have been identified by the US EPA as “known makers” of PFOA, according to the petition for rehearing.

December 1, 2023

Chemical found widely in the environment causes cancer, global experts determine

By Shannon Kelleher

A group of global scientific cancer experts this week classified a widespread chemical known as PFOA as carcinogenic to humans, confirming decades of research, and building on concerns about human and animal exposure to that chemical and to the larger class of manmade substances that are commonly known as “forever” chemicals because of their persistence in the environment. Separately, the experts deemed a related chemical called PFOS as possibly carcinogenic to humans.

The classifications, published Thursday in The Lancet Oncology, were determined by a working group of 30 experts from around the world through the International Agency for Research on Cancer (IARC), an arm of the World Health Organization (WHO). The experts convened in Lyon, France Nov. 7-14 to review published literature on the health risks of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). Both are types of per-and poly fluoroalkyl substances (PFAS).

“This latest action highlights and reaffirms the concerns we have been raising for decades that these man-made ‘forever chemicals’ present a serious threat to human health, mandating that appropriate steps be taken to prevent and address exposures,” said Rob Bilott, an environmental lawyer for the Ohio-based firm Taft Law who has spent over two decades exposing the dangers of PFAS chemicals.

In classifying PFOA as carcinogenic, the IARC scientists said they found “sufficient” evidence for cancer in experimental animals exposed to PFOA and “strong” evidence that the chemical affects gene expression and immune response in humans exposed to PFOA. They also found limited evidence for cancer in humans, identifying a link to renal cell cancer and testicular cancer.

The scientists said that the research shows PFOS is “possibly” carcinogenic to humans. They said they found strong mechanistic evidence that the chemical affects gene expression and immune response in exposed humans, along with several other key characteristics of carcinogens. They also found limited evidence linking PFOS to cancer in experimental evidence but ‘inadequate evidence’ linking it to cancer in humans.

It remains to be determined how, or if, the new classifications may impact thousands of lawsuits that are pending in US courts against PFAS makers DuPont and 3M. The companies have been sued by individuals as well as by drinking water utilities and municipalities over alleged harms tied to PFAS contamination.

On Monday, a US appeals court turned back a large class action lawsuit brought on behalf of Ohio residents, finding there was not sufficient proof that the companies caused the exposure alleged in the case. Lead plaintiff Kevin Hardwick, who worked as a firefighter for 40 years and used PFAS-containing foams, brought the suit in 2018, alleging that the companies caused his blood to become contaminated with potentially dangerous levels of PFAS chemicals. Hardwick asked for a panel of scientists to study the effects of PFAS in his body and for medical monitoring.

November 24, 2023

After historic drinking water settlements, PFAS personal injury lawsuits loom

By Shannon Kelleher

In the wake of landmark settlements requiring chemical giants 3M and DuPont to pay billions to US water systems for alleged toxic chemical contamination, litigation over personal injuries from PFAS exposure is starting to move forward.

The first round of personal injury cases to go to trial will involve people who developed one of four diseases after drinking water contaminated with per- and polyfluoroalkyl substances (PFAS) from firefighting foam used at airports or military sites in Colorado and Pennsylvania, which seeped into nearby communities’ drinking water, according to lawyers for plaintiffs.

No date has been set yet for a bellwether trial, which is probably at least a year down the road, said Anne McGinness Kearse, an attorney with the Motley Rice law firm, which will be representing plaintiffs in the litigation. Attorneys for both sides are currently in the process of determining which plaintiffs will be the first to have their cases heard. They are due to report a joint proposal to the court by Dec. 1. As with the water supplier cases, 3M and DuPont are the main defendants, said Kearse.

A separate round of litigation will focus on people exposed through occupational exposure to PFAS, a group that mostly includes firefighters who have been exposed to the chemicals through their firefighting gear and in aqueous film-forming foam (AFFF), which has been used for decades to help quench fires.

“We are seeing what we believe are increases in the rates of cancer in our members at younger ages,” said Sean DeCrane, director of health and safety operational services at the International Association of Firefighters (IAFF). “That gives us a lot of concern.”

November 8, 2023

PFAS industry spent over $110 million on recent lobbying, report finds

By Shannon Kelleher

Chemical industry advocates have spent more than $110 million in recent years on lobbying efforts that included opposing laws designed to reduce the use of, and exposure to, a group of toxic chemicals known as PFAS, according to a new study.

Lobbying expenditures from 2019 to 2022 undermined toxic chemicals legislation that would impact industries that make and use per- and polyfluoroalkyl substances (PFAS), according to Food & Water Watch, which published the report on Tuesday. During that period, only four of more than 130 bills introduced by Congress to help clean up PFAS became law.

“There’s a whole disproportionate amount of money being spent by the opposing side to try to avoid any kind of meaningful action,” said Amanda Starbuck, research director of Food & Water Watch. “If we want to stop the production and the contamination from PFAS, even before we get into the cleanup part of it, we really need some comprehensive legislation. I think this report shows what’s standing in the way.”

PFAS, also called “forever chemicals,” do not break down naturally and are found in about 83% of US waterways, according to a 2022 analysis. About 97% of Americans have PFAS in their blood, according to the Centers for Disease Control. Exposure to the chemicals has been linked to numerous health problems, including thyroid, kidney, and testicular cancer, as well as ulcerative colitis, high cholesterol, and hypertension during pregnancy. Last March, the Environmental Protection Agency (EPA) announced proposed drinking water standards for six PFAS chemicals.

The companies 3M, DuPont, and others agreed to settlements over the summer that will provide communities with billions of dollars to test for PFAS and remove them from drinking water.

To investigate how much money is potentially being used to fight PFAS legislation, researchers dug into a database of lobbying disclosure forms made available by the US House of Representatives. The team focused on six top PFAS manufacturers, the companies 3M, Archroma, Chemours, Daikin, Honeywell, and Solvay, as well as Dow and DuPont, which historically made or used PFAS, and the American Chemistry Council (ACC).

The PFAS companies paid 28 lobbyists to fight a 2019 bill that would have designated two major types of PFAS as hazardous substances under the Superfund program, the report found. The PFAS Action Act passed the House but was killed by the Senate Committee on Environment and Public Works, where a majority of current committee members accepted campaign contributions from PFAS manufacturers or the ACC, the report found. The committee’s Democratic majority received about $70,000 from top chemical companies from 2019 to 2022, while the Republican minority received nearly $400,000, according to the report.

October 26, 2023

PFAS chemicals linked to thyroid cancer, human data suggests

By Shannon Kelleher

Exposure to some per- and polyfluoroalkyl substances (PFAS) may increase thyroid cancer risk, according to a study published Tuesday.

The analysis, which compared blood samples from 88 people who developed thyroid cancer with samples from people who did not, is the first to document an association between PFAS and thyroid cancer, which had been previously hypothesized. Past research has linked these endocrine-disrupting chemicals to thyroid disease, a condition in which the gland produces too many or too few hormones. The new research adds to a growing list of health problems linked to PFAS, including kidney cancer, testicular cancer, ulcerative colitis, high cholesterol, and hypertension during pregnancy.

The study, which looked at eight different types of so-called “forever chemicals,” found that doubly high levels of perfluorooctanesulfonic acid (PFOS) in the blood corresponded with a 56% higher risk for thyroid cancer diagnosis. The PFAS chemicals perfluorononanoic acid (PFNA), perfluorooctylphosphonic acid (PFOPA), and perfluorohexanesulfonic acid (PFHxS) were also found to be associated with thyroid cancer.

“Although preliminary, this is an important study highlighting the risk of thyroid cancer derived from PFAS contamination of water and soil,” said Luca Chiavato, a professor of endocrinology at the University of Pavia in Italy who was not involved with the study.

August 22, 2023

Wisconsin city sues PFAS manufacturers for contaminating water supply

By Grace van Deelen

A Wisconsin city filed a lawsuit on Monday against multiple manufacturers of toxic substances knowns as PFAS, claiming the chemical makers should be responsible for more than $20 million in expected costs to clean up PFAS-contaminated water supplies.

The legal action by the city of Eau Claire, Wisconsin adds to a rapidly expanding mass of US litigation that targets 3M, DuPont and other companies for allegedly knowingly contaminating the environment for decades with harmful per- and polyfluoroalkyl substances (PFAS).

“The PFAS manufacturers, not the public, should be responsible for these costs,” Eau Claire city officials said in a statement. “These companies knew long ago that PFAS chemicals were harmful yet failed to warn the public or remove the product from the market, all the while profiting greatly from its continued sale.”

Costs for the city to mitigate PFAS-contaminated water have already exceeded $1 million, according to the city.

PFAS have been widely used for decades around the world in an array of industrial processes and consumer products for their thermal stability and stain- and water-repellent properties. They are present in pizza boxes, plastics, paints and thousands of other products. PFAS have also been widely used at military bases and airports.

Some types of PFAS have been linked to kidney and prostate cancer, liver dysfunction, high cholesterol, and reproductive problems, among other health problems.

August 11, 2023

“Polluter pays” debate heats up over toxic PFAS chemical cleanup plan

By Carey Gillam
As US regulators work to tackle the toxic threat posed by a class of widely used chemicals known as PFAS, debate is heating up over who could – and should – get hit with the cleanup costs.

Over the last several weeks, federal officials have received an onslaught of conflicting calls for action regarding a proposal to designate certain types of per- and polyfluoroalkyl substances (PFAS) as “hazardous substances” under the nation’s so-called “Superfund” law. The designation would provide a pathway for the remediation of dangerously contaminated sites around the United States, including assigning liability for the hazardous waste cleanup.

The Environmental Protection Agency (EPA) is specifically proposing that PFOA and PFOS and seven other types of PFAS be designated for action under the Superfund law, known formally as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

The public comment period on the EPA’s proposal ended Friday, drawing fevered pleas from individuals, industries and agencies across the country.

It is the issue of potential liability for PFAS contamination under CERCLA that is sparking fierce debate, as an array of parties, including water providers, landfill operators and even farmers, say they worry they could be saddled with millions of dollars in costs to try to rid their operations of widespread PFAS contamination that they had no hand in creating. They want the EPA and members of Congress to carve out exemptions to protect them.

July 19, 2023

New worries about risks PFAS and other chemicals pose for pregnancies

By Carey Gillam
California researchers have found new evidence that several chemicals used in plastic production and a wide array of other industrial applications are commonly present in the blood of pregnant women, creating increased health risks for mothers and their babies.

The researchers said their findings add to a growing body of evidence showing that many chemicals people are routinely exposed to are leading to subtle but harmful changes in health.

“This is such an important issue,” said Tracey Woodruff, professor and director of the University of California San Francisco (UCSF) Program on Reproductive Health and the Environment. “It’s urgent we do more to understand the role that chemicals have in maternal conditions and health inequities. We are being exposed to hundreds of chemicals and this research contributes to better understanding the impact they are having on our health.”

Maternal death rates in the US doubled between 1999 and 2019, with mortality highest for African-American mothers.

In the government-funded study, which was published Wednesday in the Environmental Health Perspectives journal, a team led by Woodruff and other UCSF researchers said they found multiple harmful chemicals, including types of per- and polyfluoroalkyl substances (PFAS), in the blood of 302 pregnant study participants as well as in the umbilical cord blood of their babies.

At least 97% of the blood samples contained a type of PFAS known as PFOS, which has long been associated with multiple serious health problems, including birth defects.

June 26, 2023

3M settlement marks “significant step forward” for PFAS-contaminated communities

By Shannon Kelleher

In a move that could help alleviate US public drinking water systems contaminated with harmful chemicals, the conglomerate 3M agreed last week to a settlement of at least $10.3 billion. The announcement comes weeks after the companies Dupont, Chemours, and Corteva agreed to pay about $1.2 billion to settle similar claims.

If approved, the settlement, which could total up to $12.5 billion, would be paid to affected communities over 13 years. The money would go towards the costs of testing for per- and polyfluoroalkyl substances (PFAS) and removing the toxic chemicals from drinking water.

“This settlement with 3M is a significant step forward in what has been many years of work to make sure that those responsible for the contamination of our nation’s drinking water supply with PFAS ‘forever chemicals’ pay for the damage – not the victims of the contamination,” said Rob Bilott, a lawyer who has spent decades exposing the dangers of PFAS chemicals, in a statement. Bilott serves as the court-appointed advisory counsel to the plaintiffs in this multidistrict litigation (MDL).

While the settlement should help communities receive the resources they need, “questions remain whether [the settlement] will cover all of the injuries that 3M caused,” said Carl Tobias, a law professor at the University of Richmond.

“The agreement does not resolve hundreds of cases that seek compensation for personal injuries and property damage,” said Tobias.

June 5, 2023

PFAS contamination trial delayed as 3M negotiates sweeping settlement

By Shannon Kelleher and Carey Gillam

Chemical conglomerate 3M is working to settle claims that it is liable for knowingly contaminating the environment with toxic chemicals for decades, delaying what would have been a closely watched bellwether trial in South Carolina.

The trial that had been set to start Monday morning was expected to spotlight long-held secret documents regarding 3M’s knowledge about the dangers of its per- and polyfluoroalkyl substances (PFAS) and how it worked with DuPont to conceal risks of PFAS from the public.

On Friday, DuPont and two related companies that also were named as defendants in the litigation said they would pay close to $1.2 billion to settle liability claims brought by public water systems serving the vast majority of the US population.

Bloomberg reported Friday that 3M was considering a $10 billion settlement.

The plaintiff in the bellwether case is the small city of Stuart, Florida, which accused 3M, Dupont and several other companies of contamination its drinking water with two types of PFAS called PFOS and PFOA that were used in “aqueous film-forming foams” (AFFF) the local fire department had used in training exercises.

More than 4,000 other plaintiffs are part of the broader litigation being overseen by the US District Court in Charleston, South Carolina. The multidistrict litigation (MDL) aims to recover the expenses public and private water utilities are incurring to test, monitor and replace water supplies and to install equipment to try to clear the chemicals from tainted systems.

On Sunday, 3M and lawyers representing plaintiffs in the MDL filed a joint motion for a trial continuance, saying “the parties are making material and significant progress toward a resolution…”