Bloomberg Law
July 18, 2023, 7:58 PM

DC Attorney General Latest to Sue 3M, DuPont Over PFAS Pollution

Drew Hutchinson
Reporter

Washington, D.C. is the latest jurisdiction to seek clean-up costs, remediation, and damages from a group of chemical manufacturers, alleging harm to the district’s drinking water, public health, and natural resources from “forever chemical.”

Attorney General Brian Schwalb Tuesday announced a lawsuit, filed in District of Columbia Superior Court, civil division, against more than 25 manufacturers of per- and polyfluoroalkyl substances (PFAS), including 3M Co. and DuPont de Nemours Inc.

“Today, we’re suing dozens of companies that profited from producing, selling, and distributing dangerous PFAS chemicals that now pollute DC’s waterways and natural resources,” Schwalb said in a statement. PFAS, which are commonly used in non-stick cookware, water-repellent clothing, and more, have been linked to growth defects and certain cancers.

Schwalb joins a rank of state attorneys general, the most recent of which was Tennessee’s, who have sued many of the same companies this year. Other states include Arkansas, Pennsylvania, New Mexico, Oregon, Washington, Arizona, Maryland, and Rhode Island.

Schwalb’s lawsuit alleges that the chemical manufacturers have created a public nuisance, designed defective products, failed to warn the public of the dangers their products posed, and more. He’s seeking punitive damages, as well as costs for cleanup, remediation, analysis, and ongoing monitoring.

Two of the defendants, 3M and DuPont, unveiled separate billion-dollar-plus settlement agreements earlier this year to resolve hundreds of municipal drinking water contamination claims in federal court.

PFAS manufacturers also have a history of massive state-level settlements. Since 2018, DuPont and 3M have paid amounts from $50 million in Delaware to $850 million in Minnesota to settle litigation from state attorneys general.

The case is District of Columbia v. The 3M Company, D.C. Super. Ct. Civ. Div., 7/17/23

To contact the reporter on this story: Drew Hutchinson in Washington at dhutchinson@bloombergindustry.com

To contact the editor responsible for this story: Zachary Sherwood at zsherwood@bloombergindustry.com

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