Case Overview
On March 29, 2023, the City and County of Denver together with Keller Rohrback L.L.P., Napoli Shkolnik, Miner, Barnhill & Galland, P.C., and Edelson PC, filed a lawsuit against The 3M Company, DuPont de Nemours, Inc., and other manufacturing companies that it alleges are responsible for the catastrophic damage that Per-and polyfluoroalkyl substances (“PFAS”), toxic “forever” chemicals, have had on the environment in Denver. PFAS are dangerous to human health and the environment even at fleetingly low levels. Because these compounds bio-accumulate and bio-magnify in human and animal tissues, there may be no safe level of exposure to PFAS. PFAS exposure interferes with human immune system functioning, disrupts mammalian reproductive
and endocrine systems, and is associated with increased risks of kidney and testicular cancer. In addition to being highly toxic, these “forever chemicals” are highly mobile. When they enter the environment, they travel through soil and eventually work their way into groundwater. Two of the most commonly used PFAS are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS). For many decades, PFOA was used in the manufacturing of DuPont’s non-stick coating, Teflon. Another common use of both PFOA and PFOS is as a component of a fire-suppressant material called aqueous film-forming foam (“AFFF”).
The Complaint alleges that Defendants designed, manufactured, marketed, distributed, and/or sold AFFF/Component Products despite knowing that PFAS are toxic, persist indefinitely, and would be routinely released into the environment during firefighting training, emergency response activities, and federally mandated testing of firefighting equipment, even when used as directed and intended by Defendants.
Like numerous other communities across the country, Denver is now facing the problem of pervasive PFAS contamination from AFFF use. This problem is particularly acute for Denver as the operator of Denver International Airport, the second-largest airport in the world by land area. Defendants, with their extensive knowledge of the properties and risks of PFAS, had all of the information necessary to know that their products would contaminate the environment. PFAS cleanup is difficult, expensive, and will take Denver years to complete. Denver should not be left to shoulder this burden. The Complaint seeks relief from Defendants, who continued to manufacture and sell these chemicals for decades despite their knowledge, and requests that they should pay to help clean up the mess that they created.
The press release published by the City and County of Denver is available HERE.
You can review the Complaint in the Case Documents section below.
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