Rokita files suit against 22 companies over ‘forever chemicals’
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The Indiana Attorney General’s office filed a lawsuit Wednesday against 22 companies, alleging that they knew the health risks and potential damages caused by so-called “forever chemicals” that they manufactured.
The lawsuit was filed in Shelby County and accuses the companies of making per- and polyfluoroalkyl substances, otherwise known as PFAS, that they knew could have a toxic impact on Indiana’s drinking water and natural resources.
PFAS are used in the making of non-stick cookware, stain-resistant carpets and clothing, and firefighting foam.
“Defendants chose not to take steps to reduce those risks; instead they continued to advertise, market, manufacture for sale, offer for sale and sell PFAS-containing products,” the lawsuit alleges.
“Our mission is to make sure Hoosiers knew about this danger, … particularly the companies involved, and double down on the spread of these harmful chemicals,” Attorney General Todd Rokita said at a news conference.
Among the companies sued by the state are 3M Company, BASF Corporation and United Technologies Corp.
3M last year agreed to pay at least $10.3 billion to settle lawsuits over contamination of many U.S. public drinking water systems with potentially harmful compounds used in firefighting foam and a host of consumer products, the Associated Press reported.
The Indiana Attorney General’s 89-page lawsuit was filed in Shelby County because a 2022 site investigation at the Shelbyville Army Aviation Support Facility found that PFAS contamination was likely caused by the defendants’ aqueous film-forming foam (“AFFF”) — a product used for firefighting training and emergency response, the complaint alleges.
Elsewhere in the state, Grissom Air Reserve Base and Fort Benjamin Harrison are likewise contaminated as a result of AFFF, with elevated levels of PFAS detected in soil, sediment, surface water, and/or groundwater near fire training areas, fire stations and hangars, the lawsuit alleges.
The complaint cited sampling conducted by the Indiana Department of Environmental Management between March 2021 and December 2023 revealed levels of PFAS above EPA Health Advisory Levels in public drinking water in the following counties: Bartholomew, Carroll, Cass, Clark, Crawford, Decatur, Elkhart, Floyd, Gibson, Harrison, Jackson, Jefferson, Johnson, Lake, Laporte, Madison, Marion, Perry, Posey, Scott, St. Joseph, Sullivan, Vigo and Warrick.
The lawsuit further alleges the companies have violated state and federal environmental regulations, in addition to the Indiana Deceptive Consumer Sales Act and the Indiana Product Liability Act.
The state is asking the court to order the defendants to pay all damages to compensate Hoosiers. It also further asks the court to order the defendants to have past and future investigation, assessment, testing, treatment, and remediation of all PFAS-related contamination at sites where defendants’ PFAS or PFAS containing Products, including AFFF Products, were used or disposed of and which contain detectable levels of PFAS, so that those sites are restored to nondetectable levels, including the state’s oversight costs.
The state is also requesting an injunction against the defendants from any other actions that will damage the state through the use of PFAS in any way.
The complaint also requests a jury trial.
The case is State of Indiana v. 3M Company; AGC Chemicals Americas, Inc., etc., 73D01-2404-PL-9.
Other companies named in the lawsuit are Archroma U.S. Inc., Arkema Inc., Buckeye Fire Equipment Company, Carrier Fire and Security Corporation, Carrier Fire and Security Americas Corporation, Carrier Global Corporation, ChemDesign Products Inc., Chemguard, Inc., Clariant Corporation, Corteva, Inc., DuPont de Nemours, Inc., Dynax Corporation, EIDP Inc., The Chemours Company, Kidde-Fenwal Inc.,
Kiddie Limited, National Foam Inc., Tyco Fire Products, ABC Corporations 1-10.