RI sues chemical companies over PFAS contamination of water supplies

PROVIDENCE – The state is suing the makers of so-called “forever chemicals” that have been used in cookware, clothing, firefighting foam and other products and linked to a variety of health problems that include cancers, low birth weights and hormonal disruption.

The office of Attorney General Peter F. Neronha on Thursday filed a case in Superior Court that alleges that 3M, Dupont and other major chemical companies deceived the public about the health consequences of exposure to per- and polyfluoroalkyl substances, or PFAS, and continued to manufacture the compounds despite knowing the risks.

“We are still uncovering the consequences of exposure to these hazardous chemicals by Rhode Islanders, but the burden of this enormous cost should be borne by the companies who made, marketed and sold these products at great profit while hiding their true dangers,” Neronha said in a statement. “As alleged, these companies concealed from the public, regulators and consumers the dangers posed by these chemicals, and now their chemicals have infiltrated virtually everywhere from our waterways to our bloodstreams.”

The lawsuit comes after studies have tied exposure to the chemicals to numerous health conditions. States and the federal government have started cracking down, restricting levels of PFAS compounds in drinking-water supplies and banning their use in food packaging. In Rhode Island, the General Assembly passed a drinking-water standard last year. The U.S. Environmental Protection Agency proposed a nationwide regulation earlier this year.

The chemicals were invented in the 1930s and heralded for their ability to repel oil, water and grease. They were used by DuPont to make Teflon and by 3M to make Scotchgard. Their use is also effective in smothering petroleum fires. Today, there are thousands of the substances that have been used in many types of consumer items, such as microwave popcorn bags, rain jackets, dental floss, guitar strings and carpets.

The compounds don’t break down in the environment over time, thus the “forever chemical” moniker. While studies have found that people are exposed through food and even indoor air, the chemicals are most associated with drinking-water contamination.

The state Department of Health found PFAS in nearly half of the 87 public water systems it tested in Rhode Island in 2017 and 2019. Thirteen of them had levels above the new state standard.

The most serious case occurred in Burrillville, where the Oakland Association was forced to hook up to new water supplies after its well was contaminated by firefighting foam stored by the Oakland-Mapleville Fire District.

The attorney general’s office is not the first agency in Rhode Island to file suit for PFAS contamination. Last month, the Town of North Kingstown sued some of the same chemical companies in federal court in South Carolina to force them to pay costs that include removing the compounds from water supplied to the public.

PFAS were detected in all 11 of the town’s wells, while two of the most common substances in the family, PFOA and PFOS, were found above the proposed EPA standard in three wells, according to the complaint.

Water suppliers around the state are working to comply with the state and federal standards. For some, it could mean installing expensive filtration systems. The attorney general’s suit describes the contamination as widespread but says “the state has only just begun to understand the extent of the problem.” It seeks to recover the still-to-be-determined remediation costs from the companies that make the chemicals.

“The defendants who created and profited from the creation of this problem, not the citizens of Rhode Island who suffer from it, must pay to address the PFAS contamination throughout the state,” the complaint says.

DuPont De Nemours, the new name of Dupont since a corporate reorganization in 2019, says it’s not responsible for the past manufacture of PFAS chemicals.

“We believe this complaint is without merit, and we look forward to vigorously defending our record of safety, health and environmental stewardship,” the company said in a statement.

House Speaker Joseph Shekarchi and Senate President Dominick Ruggerio expressed support for the lawsuit. So too did Utpala Bandy, interim director of the state Department of Health, and Terry Gray, director of the state Department of Environmental Management.

“Monitoring the pervasiveness of PFAS in our environment is one of DEM’s most pressing challenges to help protect public health and natural resources,” Gray said. We are grateful for the attorney general’s legal action to bring about accountability for this massive ecological liability.”

This article originally appeared on The Providence Journal: RI attorney general files suit against makers of 'forever chemicals'