On October 26, Delaware Attorney General (AG) Kathleen Jennings initiated legal action against fourteen chemical companies, alleging their liability for contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS). PFAS are traceable to the use and disposal of aqueous film-forming foam (AFFF), a firefighting foam product extensively employed at airports and military bases. According to JD Supra, the litigation is a culmination of a comprehensive investigation that spanned over two years.
Per- and poly-fluoroalkyl substances are synthetic chemicals found in a wide array of products including food packaging, nonstick cookware, stain and water repellants, and firefighting foams, notably AFFF. PFAS persist in the environment and the human body, endorsing their nickname as “forever chemicals”. The adverse health impacts associated with these substances are an issue of increasing concern for regulators and public health officials globally.
The allegations levied by the Delaware Attorney General suggest that these companies were aware, or should have been aware, of the potential environmental and health risks related to PFAS. Moreover, the complaint explicitly details that the harmful effects of PFAS contamination can be found in the components of the state’s natural resources – which includes its waters, aquatic life, birds, and other wildlife – and poses significant risks to human health and the environment.
Corporations and law firms dealing with environmental law should pay close attention to the progression of this case and its potential implications. The emphasis on corporate responsibility for environmental protection seems to be intensifying. This lawsuit is another clear indicator of the critical need for understanding and managing chemical-associated risks. The mounting number of such lawsuits emphasizes the significance of understanding the interplay between state laws, regulations, and legal actions within the broader context of environmental stewardship.
These suits, and others like it, further underscore the importance of robust regulatory compliance efforts and proactive environmental risk management strategies. The trend is clear: accountability for environmental impacts is not just about cleaning up after the fact, but also about preventing contamination from happening in the first place.