Chemours

November 10, 2023

EPA data shows US toxic PFAS waste problem is worsening, watchdog group says

By Shannon Kelleher

The average amount of waste containing toxic PFAS chemicals that is shipped around the US each month has almost quadrupled since 2018, according to an analysis of government data by a watchdog group.

The Environmental Protection Agency (EPA) data points to about 10,344 shipments totaling almost 27 million kilograms of per- and polyfluoroalkyl substances (PFAS) waste in the last five years, since the agency first began collecting the data.

The findings, released Nov. 9, reflect “a small percentage, we believe, of the amount of PFAS waste that is being generated, transported, stored, and disposed of in the US,” said Tim Whitehouse, executive director of the watchdog group Public Employees for Environmental Responsibility (PEER), which authored the report. “There’s no reporting requirement.”

The EPA data supports the need for the agency to regulate PFAS under the Resource Conservation Recovery Act (RCRA) Subtitle C, which authorizes the agency to set regulatory standards for the management of hazardous waste from “cradle to grave,” says the report. PEER and the Environmental Law Clinic at Berkeley, on behalf of the Green Science Policy Institute and community groups around the country, petitioned the EPA in 2019 and 2020 to regulate PFAS as hazardous waste.

The EPA did not respond to request for comment.

Exposure to PFAS “forever chemicals,” which do not break down naturally, has been linked to health problems including thyroid, kidney, and testicular cancer, as well as ulcerative colitis, high cholesterol, and hypertension during pregnancy. About 97% of Americans have PFAS in their blood, according to the Centers for Disease Control. People are exposed to the chemicals in water or food, the air they breathe, or from using products made with PFAS.

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.

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…”

June 2, 2023

On eve of bellwether PFAS trial, chemical giants DuPont, 3M eye billion-dollar settlements

By Carey Gillam and Shannon Kelleher

Just days before the start of a bellwether trial in South Carolina over PFAS contamination of drinking water, DuPont and two related companies 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.

PFAS maker 3M was reportedly also considering a settlement that would keep the company from having to face allegations that it was responsible for knowingly contaminating drinking water supplies around the United States.

The trial set to start Monday is expected to spotlight long-held secret documents about the chemical giant 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.

DuPont and its related companies were recently severed from the case as they negotiated the settlement in which DuPont will pay roughly $400 million; Chemours, a DuPont spinoff, will pay $592 million; and another DuPont-related company, Corteva, will pay about $193 million.

The companies said the settlement excludes personal injury claims due to alleged exposure to PFAS, as well as claims by state Attorneys General about PFAS contamination of natural resources.

Bloomberg reported Friday that 3M was negotiating a $10 billion payout that would resolve claims and avoid Monday’s trial.

Regarding the potential settlement, 3M said in an email to The New Lede “we don’t comment on rumors or speculation.” In a court filing 3M said that it was not liable and that it “never owned, operated, or otherwise controlled the facilities, disposal sites, and other purported sources of PFAS or related compounds.” The company lacked the “necessary controls over its products after the point of sale,” it said in the filing.

The company said in a statement that it is working to stop the use of PFAS across its product portfolio by the end of 2025, even though “PFAS are safely made and used in many modern products.“

April 27, 2023

EPA orders Chemours to address toxic PFAS near ‘Dark Waters’ town

By Shannon Kelleher

In the first-ever such enforcement action, the US Environmental Protection Agency (EPA) has ordered the chemical company Chemours to curb pollution from toxic chemicals its West Virginia plant dumps into the Ohio River.

While per-and polyfluoroalkyl substances (PFAS) discharged by the Washington Works facility have long plagued the nearby town of Parkersburg, the EPA said this is the first time it is leveraging the Clean Water Act to hold a company accountable for contaminating its surroundings with these toxic chemicals

“This order demonstrates that EPA will take action to safeguard public health and the environment from these dangerous contaminants,” EPA Mid-Atlantic Regional Administrator Adam Ortiz said in a press release.

PFAS are a large class of human-made compounds often called “forever chemicals” that break down slowly in the environment and build up in the body over time. Scientific evidence suggests PFAS are linked to risks for a range of cancers, birth defects, and other serious health problems. These dangerous chemicals have become widespread across the US, including in water sources.

Chemours is a spin-off of the chemical company DuPont, which has previously been found liable for cancer incidences tied to polluted the local water in Parkersburg. Attorney Rob Bilott famously exposed DuPont for sickening the community, a story depicted in the 2019 film ‘Dark Waters.’

Bilott is currently leading an ongoing nationwide class action suit against PFAS manufacturers on behalf of people across the US. A report by the Centers for Disease Control and Prevention suggests that 97% of Americans have PFAS in their blood.

The move by the EPA is an “excellent step,” said John Rumpler, clean water program director for the advocacy group Environment America. “But even more steps will be needed and we hope EPA takes them soon,” said Rumpler. “It is long past time for companies like Chemours to be held accountable under the Clean Water Act for releasing these toxic substances into our rivers, lakes and streams.”