County files suit over ‘forever chemical’ contamination at its regional airport
By Kristen Shill
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EAU CLAIRE COUNTY, Wisconsin (WQOW) — Eau Claire County has filed a lawsuit against more than a dozen chemical manufacturers over contamination at Chippewa Valley Regional Airport.
The county filed the complaint June 12 in Chippewa County Circuit Court, naming 3M Company, DuPont, Chemours and several other companies as defendants.
According to the official court document, the lawsuit seeks to recover damages for contamination caused by toxic chemicals known as PFAS.
The complaint states the airport property and associated infrastructure are contaminated with PFAS chemicals. PFAS refers to man-made compounds that are toxic, persistent in the environment, do not biodegrade and move readily through soil and groundwater, according to the document.
Two PFAS compounds — perfluorooctanoic acid and perfluorooctane sulfonic acid — have been discovered on the county’s property, the lawsuit states. PFAS were used to make consumer and industrial products including a type of firefighting foam used at airports, military bases, petroleum refineries and fire training centers.
The complaint alleges defendants designed, manufactured, formulated, marketed, distributed and sold PFAS and fluorosurfactant products including aqueous film-forming foam from the 1960s through today. AFFF is a firefighting agent used to control and extinguish Class B fuel fires.
“Defendants designed, manufactured, marketed, distributed, and/or sold Fluorosurfactant Products with the knowledge that these toxic compounds would be released into the environment during use, handling, storage, and disposal as directed and intended by the Defendants,” the complaint states.
The lawsuit claims defendants’ fluorosurfactant products have been released, used, stored and disposed of at or near the county’s property, allowing PFOS, PFOA and their chemical precursors to enter the environment and migrate through soil, groundwater, surface water and stormwater. PFOS, PFOA and their chemical precursors have been detected in the soil and groundwater on the county’s property at substantial levels, according to the document.
The complaint alleges the county did not know of the ongoing contamination because defendants failed to disclose the toxic nature and harmful effects of these fluorosurfactant products or their wastes. The lawsuit states defendants had knowledge by the 1970s that PFOA and PFOS are toxic and migrate through the subsurface when sprayed in the open environment.
The lawsuit includes seven causes of action: strict liability for defective design, strict liability for failure to warn, public nuisance, private nuisance, trespass, negligence and violations of the Wisconsin Uniform Fraudulent Transfer Act. The county seeks compensatory damages, consequential damages, punitive damages, costs and attorneys’ fees.
The county seeks to recover all past and future costs to investigate, remediate, remove, dispose of, treat and monitor the PFOS and PFOA contamination caused by the use, discharge and disposal of defendants’ fluorosurfactant products, as well as damages for diminution of property value.
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