New York Attorney General Letitia James has sued four chemical manufacturing companies for allegedly polluting the state’s natural resources with per- and polyfluoroalkyl substance (PFAS) laced consumer products. The case is making its way through New York’s Supreme Court.
In the filing, the state alleges 3M, DuPont, Chemours, Corteva, and Corteva subsidiary EIDP knowingly manufactured, marketed, and sold product containing PFAS substances for decades, in direct violation of state consumer protection laws and to the harm of the environment. The state is seeking an undisclosed amount of money for remediation efforts of contaminated sites, as well as for damages, restitution, and other penalties, including $5,000 for each situation where the defendants allegedly conducted false advertisement or deceptive business practices.
According to the press release, in addition to remediation costs, damages, and other charges incurred, New York also wants the companies to surrender “all illegally earned profits.”
The state is rich in natural resources, which include surface waters covering over 70,000 miles of rivers and streams, 7,600 lakes and ponds, several reservoirs, and the surrounding habitat. These waters serve as a primary source of drinking water, as well as commercial and recreational fishing, boating, and other tourist activities, while the state’s ground water serves as a source of drinking water for nearly a third of its residents.
In March, the state launched a pilot program across six counties that gave residents who draw their drinking water from private wells the opportunity to apply for free PFAS testing and if the wells contain perfluorooctanoic acid or perfluorooctane sulfonate levels at or above the current New York State public drinking water standards, then residents will be eligible for a rebate of up to $5,000 to install a PFAS water treatment system, or up to $10,000 to connect to a public water supply.
New York has been strengthening its regulations to address contamination for years. The Clean Water Infrastructure Act was passed in 2017 to increase the focus on various threats to its clean water sources including PFAS, even allocating $5.5 billion to the cause. The funding includes $130 million to address public drinking water affected by contaminated landfills and similar sites.
PFAS exposure could result in state expenditures between $2.7 billion and $4.4 billion for additional healthcare related costs due to PFAS exposure, as these forever chemicals are linked to various cancers, immune system disorders, and developmental issues, according to the Agency for Toxic Substances and Disease Registry.
