This story by Sara Wilson appeared on Colorado Newsline on February 28, 2022.
Colorado Attorney General Phil Weiser filed a lawsuit Monday against companies that produce PFAS, which are man-made chemicals that have been associated with cancer and serious disease.
The complaint was filed in Denver District Court against 15 manufacturers including Chemguard, Corteva and DuPont and alleges that those companies should have known the extreme health risks associated with their firefighting products before marketing and distributing them.
PFAS, short for perfluoroalkyl and polyfluoroalkyl substances, which are also known as “forever chemicals,” is a component in aqueous film forming foam (AFFF), which is used to fight high-hazard fires, like jet fuel fires and chemical fires. PFAS is also used in cookware and cleaning products. It persists in the environment for an extremely long time and has been linked to cancer, kidney disease, serious birth defects and lower vaccine efficacy.
“The companies responsible for making firefighting foam with toxic forever chemicals and selling it for use in our state long after they knew or should have known of the harmful nature of this foam have caused harm to our communities. Colorado now has forever chemicals in our soil and drinking water systems and people’s health is at risk,” Weiser said in a statement.
A map from the non-profit Environmental Working Group shows a high number of PFAS contamination sites in Colorado, especially in drinking water and on military sites near Colorado Springs. The lawsuit notes that AFFF has been used at Peterson Air Force Base, Buckley Air Force Base, Fort Carson, the Suncor oil refinery and other federally-regulated airports. A 2020 from the Colorado Department of Public Health and Environment shows PFAS contamination in 34% of the sampled drinking water systems.
Weiser wants a court order for the companies to investigate, restore and monitor sites where AFFF was released. The lawsuit accuses the defendants of negligence, public nuisance, trespassing and unjust enrichment. It accuses DuPont, Chemours and Corteva of violating the Colorado Uniform Fraudulent Transfer Act.
“These companies knew that these chemicals posed significant threats to human health and the environment and nonetheless put Colorado at risk; it is important that they pay for the harm they caused,” Weiser said.
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