National Rural Water Association files lawsuit against PFAS manufacturers

February 25, 2020

The National Rural Water Association filed a class action lawsuit on February 25 on behalf its members now dealing with unregulated chemicals in their drinking water.

The lawsuit seeks money for testing and treatment along with other damages and penalties from chemical manufacturers including 3M Co., Tyco Fire Products LP, National Foam Inc., Buckeye Fire Protection, Chemguard, E.I. Du Pont de Nemours Inc. (DuPont), and Chemours Co. These manufactures developed, marketed, and sold per- and polyfluoroalkyl substances (PFAS) that can be found in products such as firefighting foam, household and food products, industrial sites, and landfills across the country.

NRWA devotes substantial time to train and assist 49 affiliated state rural water associations that currently have more than 31,000 utility system members. The lawsuit alleges that due to the defendants’ past practice of allowing hazardous chemicals, including PFAS, to be released into the groundwater, NRWA and its members will be forced to expend significant resources to test and remediate groundwater contamination.

Represented by Napoli Shkolnik PLLC, the five-count complaint alleges the defendant companies manufactured, marketed, and sold their aqueous film-forming foam (AFFF) products for decades despite knowing the significant threat they posed to the environment and human health.

There is uncertainty across the country as to how communities can afford to test and treat PFAS contamination in the absence of certain state or federal standards. This lawsuit could provide a mechanism for addressing and resolving those concerns.

NRWA is a nonprofit organization dedicated to training, supporting, and promoting the water and wastewater professionals that serve small communities across the United States.