The United States government has asked a federal judge to dismiss more than two dozen lawsuits filed against it for allegedly contaminating water and soil at hundreds of sites near military bases and facilities across the country with toxic “forever chemicals.”
The U.S. told a federal judge in Charleston, South Carolina, late Monday that it is immune to the lawsuits filed by state and local governments, businesses and property owners who say the U.S. military is liable for property and environmental damage caused by its use of firefighting foams containing per- and polyfluoroalkyl substances, or PFAS.
PFAS are used in hundreds of consumer and commercial products including the firefighting foams, non-stick pans, stain-resistant clothing and cosmetics, and have been linked to cancer and hormonal dysfunction. The military has used PFAS-containing firefighting foams since the 1970s for things like firefighting training.
The chemicals are often referred to as forever chemicals because they do not easily break down in nature or in the human body.
The 27 lawsuits were filed in the past six years against the U.S. government by states including New Mexico, New York and Washington, cities, private property owners and local businesses near military facilities where firefighting foams were used.
The plaintiffs say they are seeking potentially hundreds of billions of dollars in damages to pay for groundwater and soil remediation near military sites across the country. Some businesses among the plaintiffs, including a dairy that claims PFAS-contaminated water caused its cattle to die and a property owner whose blueberry cropland was allegedly damaged by the chemicals, are also seeking punitive damages.
The government said it was immune to the lawsuits under a provision of the Federal Tort Claims Act that protects it from tort liability for the discretionary acts of government employees. That law allows plaintiffs to sue the U.S. government for damages only if the government violates specific, mandatory policies.
You must be logged in to post a comment.