Delaware sues 3M, other 'forever chemical' manufacturers, claiming damage to groundwater

The Delaware Department of Justice has filed a lawsuit against 13 chemical companies, claiming they contaminated Delaware's natural resources and jeopardized public health with "forever chemicals."

Delaware Attorney General Kathy Jennings announced the lawsuit Thursday afternoon. Among the 13 defendants are 3M Co. and Tyco Products, both of which manufactured a type of firefighting foam containing PFAS − also known as "forever chemicals" − that were used heavily on military bases and airports.

Here's what we know.

Where is the contamination?

An investigation, which included environmental sampling, forensic analysis and a search through corporate records, has been underway for the past two years before the lawsuit was officially filed.

As a result of the investigation, the state Department of Justice determined that groundwater and other natural resources near the New Castle County Airport, Dover Air Force Base and the Delaware Fire School were impacted by the defendants' contamination.

WHAT'S HAPPENED IN DELAWARE: 'Forever chemicals' found in more Delaware wells than first reported

The lawsuit also claims that the companies knew the risks of the chemicals to the environment and public health of residents as far back as the 1960s.

"Despite knowing that safer alternatives to PFAS existed, 3M chose profits over people, relentlessly developed and marketed its products, and made billions in the process," Jennings said. "Our neighbors and businesses have footed the bill as a result of their deception."

Jennings and the state Department of Justice are seeking monetary damages to remediate damage to natural resources, cover costs related to the testing and monitoring of contamination, and fund public health programs.

During the press conference Thursday afternoon, Jennings also said that covering the costs of potential health monitoring as a direct result of the contamination will be prioritized.

"Taxpayers should not have to pay for the cleanup and they shouldn't have to pay for their own health monitoring," Jennings said.

What are forever chemicals?

Per- and poly-fluoroalkyl substances (PFAS), otherwise known as "forever chemicals," are a class of chemicals that include thousands of different man-made compounds that have been historically used in nonstick cookware, food packaging and firefighting foam. The chemicals have been linked to several illnesses ranging from infertility to different types of cancers.

A national study from the U.S. Geologic Survey showed that nearly half of the tap water supply across the United States is estimated to have at least one type of PFAS, with individuals in urban centers facing the most risk.

For years, PFAS have been considered an "emerging contaminant" by federal environmental and public health agencies. This year, the federal EPA proposed limiting allowed amounts of PFAS to the lowest level that tests can detect.

In May, Delaware joined 16 other state attorneys general in the filing of joint comments supporting the EPA's proposed limits. A final rule is expected by the end of this year after a public comment period.

Jennings emphasized the importance of water testing as the investigation into the extent of the defendants' damages is still underway, especially for individuals who get their water from private wells.

Water tests are available from the state for $4, and other tests are available through private companies. Residents who receive their water from a community water system should still monitor through the Delaware Drinking Water Watch.

A national trend

As of August, 26 states have either filed or settled a lawsuit related to PFAS contamination, with 3M Co. facing the most allegations.

In 2021, Delaware settled a lawsuit against DuPont and its spinoff companies Chemours and Corteva, resulting in at least $50 million in damages paid to Delaware. A contingency of the settlement stated that if the companies settle similar claims with other states for more than $50 million before July 2029, they are to pay Delaware an additional $25 million.

Previous Reporting: 3M, DuPont, Chemours reach settlements of lawsuits involving harmful 'forever chemicals'

Over the summer, 3M agreed to pay over $10 billion over 13 years to public water systems across the country to test and clean up potential water pollution. DuPont, Chemours and Corteva reached a similar $1.19 billion deal to resolve claims that they polluted public drinking water systems.

Over $11 billion in damages have already been paid by 3M, DuPont, Chemours and Corteva combined. There are still over 15,000 claims that have been filed nationwide against these four companies.

Read the full lawsuit below:

Contact Molly McVety at mmcvety@delawareonline.com. Follow her on Twitter @mollymcvety.

This article originally appeared on Delaware News Journal: Delaware sues 3M Co., 12 other 'forever chemical' manufacturers