Wausau files lawsuit against 'forever chemical' makers and the companies that insured them
MADISON – The central Wisconsin community of Wausau is suing the makers of "forever chemicals" in an attempt to hold them responsible for widespread contamination of its drinking water wells.
The city filed a lawsuit against 15 PFAS manufacturers and 61 major insurance players in Marathon County Court in hopes of recouping some of the millions of dollars invested into providing safe and clean drinking water to the nearly 40,000 residents of the area. The lawsuit was filed by Napoli Shkolnik, a national law firm specializing in environmental litigation.
“The people of Wausau trusted that those corporations that earned billions of dollars creating products that were in nearly every household in America were doing so without putting our community’s health and resources at risk,” Mayor Katie Rosenberg said.
“Wausau residents and policymakers rallied to ensure that every Wausau Waterworks customer can trust what is coming out of their tap — but it came at great public expense. Today we are demanding that those responsible for the contamination are held accountable to the people of Wausau.”
The suit targets the companies that manufactured the chemicals for decades without informing customers of the risks of use as well as the companies that insured the manufacturers.
“Local government taxpayers and water district ratepayers should not be responsible for PFAS drinking water contamination," attorney Paul J. Napoli said. "Those responsible, including relevant insurance companies, which have responsibility for public water system contamination should be accountable."
Wausau has one of the most extensive PFAS contaminations in the state, with contamination in all of its drinking water wells. The city is working to install a granulated carbon filtration system, which is currently the best way to extract PFAS from water.
The city council recently approved borrowing $17.5 million to finance a treatment system that will be installed over the course of the next year. The city also distributed hundreds of thousands of dollars of bottled water and filtration pitchers to residents after the contamination was found in January 2022.
More: Senate passes 'forever chemical' bill despite concerns over limitations to DNR
PFAS lawsuits becoming common in search for clean up funding
Wisconsin cities have brought a host of lawsuits against the users and manufacturers of PFAS over the last few years.
In early November, Town of Campbell residents filed a lawsuit against the neighboring City of La Crosse, seeking money for property damage caused by "forever chemicals" in private well and for a medical study on health impacts to residents.
In August, four residents in the Town of Stella in Oneida County filed a lawsuit against the Ahlstrom-Munksjö Rhinelander paper plant, which they say provided the sludge used for years as cheap fertilizer on potato fields surrounding the municipality.
More: Residents of Town of Campbell file lawsuit against La Crosse for use of PFAS at airport
The Town of Stella sued manufacturers of PFAS and PFAS-containing products over contamination in their private wells earlier this year.
In 2021, Tyco Fire Products settled a class action lawsuit brought by hundreds of residents of Peshtigo, where a large contamination stemming from the testing of firefighting foam has fouled wells in the community.
Dane County has also brought a lawsuit, which is being consolidated in a federal court in South Carolina. Some manufacturers have started to draw up settlements in those lawsuits, including 3M, which earlier this summer put forward a $10.3 billion proposal that would be paid out over a 13-year span to impacted communities.
In addition, the State of Wisconsin took action against Tyco. Attorney General Josh Kaul filed a lawsuit against the company last year, alleging that the company knowingly released PFAS into the environment for years, putting residents in Marinette and Peshtigo at risk.
More: Wisconsin cities could see payout from 3M's 'forever chemical' settlement
About PFAS
PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam.
The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time. The chemicals have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, altered hormone regulation and altered thyroid hormones.
The chemicals enter the human body largely through drinking water. PFAS have been found across Wisconsin.
Laura Schulte can be reached at leschulte@jrn.com and on X at @SchulteLaura.
This article originally appeared on Milwaukee Journal Sentinel: Wausau files PFAS lawsuit against manufacturers, insurance companies
