Maine AG files twin suits against PFAS manufacturers

The Maine Attorney General's Office announced Thursday that it's filing two lawsuits against manufacturers of per- and polyfluoroakyl substances — more commonly known as PFAS — and products containing what has been called "forever chemicals."

Courtesy photo

Aaron Frey

The complaints filed by Attorney General Aaron Frey allege that the manufacturers, DuPont and 3M, among others, have known for decades that PFAS pose serious risks to both human health and the environment, but instead promoted their products containing the chemicals as safe and appropriate for widespread use in Maine.

The litigation comes just two weeks after "The Relief for Farmers Hit with PFAS Act" was introduced by Maine's congressional delegation in a bid to provide financial and other relief to Maine farmers and agriculturists elsewhere in the country affected by PFAS.

PFAS are highly toxic and have been shown to accumulate in people; animals and their by-products, such as milk; soil and other living things. According to widely published scientific research, PFAS cause a wide array of harmful health effects, including cancer, thyroid disruption, ulcerative colitis, liver and kidney disease and developmental disorders.

The chemicals earned the nickname “forever chemicals” because they don't biodegrade.

The suits allege that the manufacturers knew decades ago that PFAS were toxic, but withheld that information from the public and continued to make, sell and profit from those products. The two actions filed in Cumberland County Superior Court in Portland seek to recover all costs to investigate, clean up, restore, treat, monitor and otherwise respond to the contamination of Maine’s natural resources. The state has also asked the court to void specific corporate transactions between DuPont and its affiliates designed to insulate DuPont from PFAS-related liabilities.

"The defendant manufacturers have willfully introduced toxic chemicals into Maine’s environment in pursuit of profit for shareholders,” said Frey in a Thursday news release. “Maine citizens and the state are left to manage the harm these chemicals cause in our natural resources, our animals, our food, and our bodies, and the state is working overtime to manage the fallout. PFAS manufacturers must account for the environmental, health and economic damage caused by their actions.”

Gov. Janet Mills weighed in, saying in the news release that her administration is working closely with the Legislature to spearhead "one of the strongest efforts in the nation to address PFAS."

"But more work remains," Mills added, "particularly holding accountable the large manufacturers responsible for this serious problem.”

She echoed Frey's comments by saying, "Evidence indicates that, for many years, DuPont, 3M and the other defendant manufacturers knew that PFAS posed serious risks to human health and the environment but hid that knowledge from the public while they lined their pockets at our expense.

"We will defend the people of Maine in the face of this recklessness. I applaud Attorney General Frey for pursuing this litigation, and my administration will continue to work closely with him to protect the health of our state and our citizens.”