SC attorney general turns to former Democratic senator to take on toxic forever chemicals

Attorney General Alan Wilson has hired a former state senator to represent South Carolina in a potential lawsuit against the makers of forever chemicals, a class of toxic compounds being found in rivers, lakes and drinking water across the state and nation.

An agreement made public this week shows that Vincent Sheheen, a former state senator from Kershaw County and Democratic candidate for governor, is being retained along with Hampton lawyer Gibson Solomons.

Wilson, a Republican, decided to hire outside counsel at a time when lawyers across the country are suing the manufacturers of forever chemicals — and winning settlements worth billions of dollars. The 3M company reached a major settlement this week.

“When it appears South Carolinians have been harmed by companies who seemingly fail to do their job, it’s worth looking into,’’ Wilson’s office said in an email Friday. “It seems there is a problem, and we’re pursuing this for the people of our state.”

The agreement in South Carolina says the Savage, Royall and Sheheen law firm — as well as the Speights and Solomons firm — would represent the state against 3M, Dupont and related companies in any lawsuits, settlements or investigations. Dupont and 3M have historically been the major manufacturers and distributors of forever chemicals.

“Our goal is to help the state in holding companies accountable for the pollution that has occurred,” Sheheen said.

The outside law firms would be paid on a standard state contingency fee, according to plans.

Attorneys general sometimes hire private lawyers with expertise in particular areas of law to file legal action. Sheheen and Solomons have filed two lawsuits on behalf of a Darlington County couple whose well water is polluted with unsafe levels of forever chemicals. The chemicals are suspected of coming from a nearby textile manufacturer in Society Hill.

Across South Carolina, forever chemicals have shown up in the majority of rivers tested in recent years, as well as in dozens of drinking water systems across the state, including Columbia’s. Research on the health effects are still underway, but federal agencies say that people exposed to forever chemicals over time are at increased risk of certain types of cancer, thyroid problems, high cholesterol and other ailments.

Earlier this year, the U.S. Environmental Protection Agency proposed the nation’s first ever limit on the amount of forever chemicals allowed in drinking water. The proposed four parts per trillion standard has not yet taken effect.

Dupont and 3M for decades made and distributed forever chemicals, formally known as per and polyfluoroalkyl substances, or PFAS. The chemicals have been used in the manufacture of textile products, fire-fighting foams, non-stick frying pans and other materials.

Only in recent years has information about the hazards become widely known, even though news reports show the manufacturers knew about the dangers decades ago.

In addition to state attorneys general suing over forever chemicals, people who say they were hurt by exposure to the chemicals have filed lawsuits across the country. One of the biggest cases has been argued in Charleston before U.S. District Judge Richard Gergel.

Private attorneys who sued Dupont and 3M have recently announced multi-billion settlements to resolve claims. Much of the money would go to utilities that have found forever chemicals in their water.

The 3M company reached a $10.3 billion settlement Thursday with cities across the country over claims that the company polluted their drinking water, according to The New York Times. The company said it would pay the money over 13 years for local governments to test and clean up PFAS in public water, according to the Times, which said 3M is facing about 4,000 lawsuits by states and municipalities.

Earlier this month, Dupont reached a more than $1 billion settlement that could aid city and county water systems with PFAS contamination..