States sue 3M, DuPont over ‘perpetually chemical compounds’ in consuming water

Simply exterior of Bangor, Maine — the hometown of famend horror writer Stephen King — greater than 500 college students, college and workers arrive at Hermon Excessive Faculty every day.

However since November, they will not drink the water. All of the fountains are taped off with plastic baggage. Bottles of water are stacked close by. A water filtration system is about to be put in over the summer season.

A fountain at Hermon Excessive Faculty in Maine is taped shut after the water examined over the state’s security restrict for PFAS chemical compounds.


“We’re very involved,” Hermon Faculty District Superintendent Micah Grant informed CNBC.

The rationale? The varsity’s water not too long ago examined above the state’s security restrict for PFAS, or per- and polyfluoroalkyl substances, sometimes called “perpetually chemical compounds.”

Based on the Environmental Safety Company, even tiny publicity to PFAS in consuming water may pose a severe well being threat.

“We’re not absolutely understanding why it’s in our water and it’s on the degree we’re at,” Grant stated.

Hermon Excessive Faculty is only one instance of PFAS contamination at the moment affecting the group, in keeping with Maine’s legal professional basic, Aaron Frey. The chemical compounds have additionally been recognized in groundwater in cities and municipalities all through the state together with a number of army services and farms, in keeping with Frey.

“There are farmers who needed to euthanize their livestock due to the chemical contamination,” Frey informed CNBC.

Farmer Adam Nordell appears on the remnants of his once-thriving Songbird Farm, now shut down after its soil and crops examined optimistic for poisonous “perpetually chemical compounds.”


Maine not too long ago joined a rising record of states — which now consists of Maryland, Rhode Island and Massachusetts — in submitting litigation in opposition to a number of chemical producers claiming they’ve induced vital hurt to the state’s residents and pure assets.

We’re alleging that 3M and DuPont [and other manufacturers] created these chemical compounds … had the science that confirmed simply how harmful they have been, how poisonous they have been, how they have been going to final perpetually,” Frey stated. “It’s my duty to do no matter I can to carry accountable to these firms that profited off of this chemical.”

Greater than a dozen different states — together with Alaska, California, Colorado, Delaware, Florida, Illinois, Michigan, Minnesota, New Hampshire, New Jersey, New York, North Carolina, Ohio, Vermont and Wisconsin — have filed litigation in opposition to PFAS producers through the years.

Some have already reached settlements. Minnesota, for instance, settled with 3M for $850 million, and Delaware settled with DuPont and its spinoffs for $50 million, resolving the businesses’ duty for injury in these states.

Wall Avenue is now awaiting a bellwether trial in federal courtroom, set to start Monday, during which the town of Stuart, Florida, alleges that firefighting foam chemical compounds manufactured by 3M contaminated its water provide.

What are PFAS?

Based on the Facilities for Illness Management and Prevention, PFAS are a bunch of chemical compounds used to make coatings and merchandise that resist warmth, oil, stains, grease and water.

The human-made substances date again to the Nineteen Forties, and over the many years, they’ve been utilized in a variety of functions, together with nonstick cookware, waterproof materials, carpeting, meals packaging and cosmetics along with firefighting foam like that on the middle of the lawsuit in Stuart.

However over time, issues started to rise. CDC officers say the artificial chemical compounds don’t break down the atmosphere and are tied to severe well being dangers.

“We’ve seen correlations with thyroid illness, sure sorts of most cancers, kidney illness, liver dysfunction, it turns into concentrated within the liver … they’re referred to as ‘perpetually chemical compounds’ as a result of they keep in your physique,” former FDA Commissioner Dr. . Scott Gottlieb informed CNBC. “I feel what the federal government must do is step up testing, make it possible for we now have a greater image of the place these chemical compounds are moving into meals sources.” [and] within the water provide.”

Whereas testing of PFAS is anticipated to turn into extra prevalent within the years to return, Gottlieb stated there are steps shoppers can take now to evaluate their publicity. Residents who reside near a army base or an industrial plant that’s identified for making these chemical compounds ought to ask their native water utility if it has examined PFAS ranges, he stated.

“There was an enormous evaluation finished a variety of years in the past of various water municipalities that discovered that about 1% of all municipal water sources did include some degree of PFAS,” Gottlieb stated.

Greater than 64 million individuals are affected by consuming water contaminated with PFAS — represented by a studying of 4 components per trillion or above — in keeping with an EPA report launched in March.

Producers reply

A number of producers have introduced plans to scale back or discontinue the manufacturing of PFAS within the coming years.

“Because the science and know-how of PFAS, social and regulatory expectations, and our expectations of ourselves have developed, so has how we handle PFAS,” a 3M A spokesperson stated in a press release to CNBC, including the corporate plans to finish manufacturing of the chemical compounds by 2025.

The corporate additionally expressed a dedication to remediate PFAS contamination, spend money on water therapy and collaborate with communities.

DuPontalternatively, stated it has “by no means manufactured” the dangerous chemical compounds and believes the authorized complaints are “with out advantage.”

The corporate, previously EI du Pont de Nemours, separated its chemical companies in 2015, forming Chemours Firm. It then merged with Dow in 2017 to create DowDuPont, after which subsequently cut up into three separate entities in 2019: Corteva Agriscience, Dow and the brand new DuPont.

All these firms, together with others, are named as defendants in Maine’s lawsuit. DuPont and Chemours have been severed from the bellwether trial the place the town of Stuart, Florida is the principle plaintiff.

On Friday, DuPont, Chemours and Corteva introduced a $1.19 billion fund that shall be used to resolve “PFAS-related consuming water claims.” Nonetheless an addendum to a joint assertion saying the fund provides that it “doesn’t embrace claims of non-public harm because of alleged publicity to PFAS or claims by State Attorneys Basic that alleged PFAS contamination has broken the State’s pure assets.”

Chemours pledged in 2018 to scale back PFAS emissions at its manufacturing websites by at the very least 99% by 2030. A spokesperson stated in a press release it has made vital progress in implementing superior applied sciences to attenuate emissions of fluorinated natural compounds.

Dow denied manufacturing PFAS and stated it isn’t accused of inflicting any environmental contamination.

A Corteva spokesperson informed CNBC it “doesn’t touch upon ongoing authorized issues.”

Mounting capabilities for 3M

RBC Capital Markets Managing Director Deane Dray sees the lawsuits as a selected monetary threat to 3M.

“At this stage, given valuation and what we all know in regards to the PFAS litigation, we do think about 3M to be uninvestable at this level,” Dray informed CNBC.

3M International Headquarters in Maplewood, Minnesota, US, on Thursday, Jan. 26, 2023.

Ben Brewer | Bloomberg | GettyImages

Shares of 3M have been below strain this yr, down 20% during the last six months, buying and selling at their lowest degree in over 10 years.

“I count on PFAS to be a front-page information merchandise for the following couple of years,” Dray stated, including that the substances are used proper now in lots of semiconductor functions and army weapons techniques.

Based on RBC Capital, 3M’s PFAS legal responsibility threat quantities to an estimated $20 billion to $25 billion.

3M is displaying indicators it might be feeling the strain: In its newest earnings report it revealed a restructuring plan that included layoffs affecting 6,000 workers all over the world that the corporate says will save as much as $900 million a yr. It’s additionally planning to spin off its health-care enterprise in early 2024, which analysts say will generate billions of {dollars} in capital.

The economic large is already going through lawsuit separates over its army Fight Arms earplugs. These fits are being introduced by greater than 200,000 army service members and veterans who declare 3M’s earplugs have been faulty and failed to guard them from listening to loss throughout fight and coaching.

3M’s Fight Arms CAEv2 earplugs


3M legal professional Eric Rucker informed CNBC in March that the earplugs labored when used in keeping with their directions and that any estimated liabilities have been “purely speculative.”

PFAS and politics

Final yr, the Biden administration introduced that $10 billion from the Bipartisan Infrastructure Legislation can be used towards addressing PFAS contamination.

That very same month, the EPA launched for the primary time new requirements on consuming water that tackle the quantity of PFAS allowed for consumption.

The trade is awaiting phrase on whether or not the EPA will transfer ahead with designating PFAS compounds as hazardous chemical compounds, which specialists say may open the door to additional litigation and push water utilities to make needed upgrades to their filtration techniques.

Whereas the company has publicly acknowledged its intent to take action, specialists together with Capstone vitality analyst Gianna Kinsman say a proper design may come by the tip of this yr.

Kinsman added that the 2024 presidential election may additionally affect the timeline: “I feel it’s possible that if a Republican takes workplace we may see a slowdown in PFAS regulation, whereas if Biden wins a second time period I imagine his PFAS regulatory agenda shall be much more bold, doubtlessly tackling PFAS by bigger teams fairly than individually.”

RBC’s Dray added that there’s nationwide safety curiosity in extending using PFAS because of an absence of different choices available on the market.

“[It will take] a decade to develop one other molecule after which have all of the testing finished,” he stated.

Within the meantime, scientists and industrial specialists are in an arms race to develop a safer various to PFAS. Others are researching applied sciences that use electrification and warmth to interrupt down artificial chemical compounds in addition to therapy choices for uncovered areas.

Grassroots motion

Practically 30 miles away from Hermon Excessive Faculty, within the rural farming city of Unity, Maine, sits the remnants of the once-thriving Songbird Farm.

9 years in the past, Adam Nordell — who’s now an advocate for nonprofit Defend Our Well being — and his spouse, Johanna Davis, got here to this property to develop wholesome and contemporary produce to promote to their group.

On the time, Songbird was thriving and luxurious, and through the years the couple grew a combination of grains and greens, together with tomatoes, peppers, garlic, onions, candy potatoes and cantaloupe.

However that every one modified two years in the past when Nordell and Davis had their soil examined after a buyer referred to as a couple of native information report she noticed detailing a farm contaminated with PFAS.

When the check outcomes got here again, their worst fears have been realized.

“We discovered our land was severely contaminated with perpetually chemical compounds,” Nordell stated. “As quickly as we discovered, we shut down.”

The household has since discovered the land was unfold with municipal wastewater therapy sludge within the early Nineties. Nordell stated on the time it was marketed to farmers as a free or low-cost supply of fertilization.

“The farmers have been informed they have been fertilizing their crops. Sadly, that wastewater is laden with all types of business chemical compounds which might be leaching out of shopper merchandise,” he stated.

The mission of the nonprofit he now works for is to scale back folks’s publicity to poisonous chemical compounds, to lift consciousness amongst farmers throughout the nation, and to carry chemical producers accountable..

“They should step as much as the plate and pay for the impression that they’ve had on the world,” Nordell stated.