Politics & Government

Evers Seeks Damages From 'Forever Chemical' Companies In New Lawsuit

A lawsuit filed Wednesday seeks to hold several companies accountable for cleanup costs and damages associated with PFAS.

A lawsuit filed Wednesday by Wisconsin Attorney General Josh Kaul and Democratic Gov. Tony Evers seeks to ensure that companies that profited from "forever chemicals" contribute to cleaning them up in Wisconsin.
A lawsuit filed Wednesday by Wisconsin Attorney General Josh Kaul and Democratic Gov. Tony Evers seeks to ensure that companies that profited from "forever chemicals" contribute to cleaning them up in Wisconsin. (Scott Anderson/Patch)

WISCONSIN — Wisconsin Gov. Tony Evers and Attorney General Josh Kaul filed a lawsuit Wednesday in an effort to ensure companies that profited from the "forever chemicals" polluting several Wisconsin sites also bear the costs to clean them up.

Seven sites in Wisconsin have been contaminated with the "forever chemicals," polyfluoroalkyl and perfluoroalkyl substances, otherwise known as PFAS, according to an activist group. In recent months, the Environmental Protection Agency has issued new advisories for the chemicals found in water supplies across the nation. The chemical is more dangerous than previously thought, and the EPA advised local utilities to install filters and warn customers.

The lawsuit names Tyco Fire Products, Chemguard, 3M, DuPont and 15 others as defendants, and seeks to hold them responsible for the damages caused in the Badger State, according to a news release from the governor's office.

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The lawsuit argues the companies' “wrongful, deceptive, and tortious conduct” led to PFAS contamination in Wisconsin water and resources. The suit further states the companies knew or should have known the ordinary and intended use of the products could have dangerous impacts on public health, according to Evers' office.

The suit seeks to recover all costs for the state related to restoration and remediating PFAS contamination. The suit also requests punitive damages for the defendants.

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"Every corner of Wisconsin has been affected by PFAS contamination," Evers said in the release, "and communities from Marinette to Wausau to French Island are facing the harsh reality of PFAS in their wells, causing some folks and families to even have to rely on water coolers and plastic water bottles for clean drinking water."

The synthetic chemicals in question are known to be toxic and persistent in the environment. They are nicknamed "forever chemicals" because they don't break down naturally. The manmade chemicals have been used for decades in firefighting foams at airports, within non-stick cookware, fast food wrappers and other products, the governor's office said.

The latest advisory from the EPA warns that even at undetectable levels in drinking water, the compounds can pose health risks. Some studies have linked the chemicals to health impacts, including immune dysregulation, pregnancy-induced hypertension, cancers, low birth weight, and other impacts.

Manufacturers have largely phased out the use of two other similar compounds found in the group of forever chemicals, PFOA and PFOS, but a few uses remain and the substances have accumulated in the environment since the 1940s, according to a report by National Public Radio.

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