Firefighting Foam (AFFF) Lawsuits: The Current Legal Landscape
Firefighting foam lawsuits, specifically those involving Aqueous Film-Forming Foam (AFFF), have gained significant attention in the legal field. AFFF has been widely used for decades, especially in firefighting operations to combat fuel-based fires, particularly at airports, military bases, and industrial sites. However, recent revelations about the environmental and health risks associated with the chemicals in AFFF have sparked a wave of litigation claims.
The Danger Behind AFFF: What’s in the Foam?
AFFF contains chemicals known as per- and polyfluoroalkyl substances (PFAS), often referred to as “forever chemicals”, due to their persistence in the environment and resistance to breaking down over time. PFAS have been linked to serious health issues, including cancer, liver damage, immune system problems, and developmental issues in children. Exposure for children in utero also is harmful. As more studies surface revealed these dangers, it became clear that exposure to PFAS can occur through contaminated water, air, and soil near areas where AFFF has been used extensively.
The current qualifying conditions for AFFF claims are:
- Ulcerative colitis
- Liver cancer
- Kidney cancer
- Testicular cancer
- Thyroid disease/hypothyroidism
- Thyroid cancer
Who’s Being Sued and Why?
The lawsuits concerning AFFF primarily target the manufacturers of the foam, such as 3M, DuPont, and other chemical companies. The allegations state that these manufacturers knew or should have known about the dangers associated with PFAS but failed to warn consumers, putting the exposed, their families, and the environment at risk.
The lawsuits typically fall under two categories:
- Personal Injury Claims: Individuals who have been exposed to PFAS through contaminated drinking water or occupational exposure (such as firefighters and military personnel) are filing suits after being diagnosed with illnesses such as cancer or kidney disease. These claims state that exposure to AFFF directly contributed to their health problems.
We here at the Herd Law firm interview and carry out these claims, and continue to litigate such claims.
- Environmental Cleanup Claims: Municipalities, states, and even the federal government are filing lawsuits to cover the massive costs associated with cleaning up PFAS contamination in soil and water. These cases often involve significant remediation expenses, which communities cannot afford without holding manufacturers accountable.
Settlement and Legal Progress
The AFFF lawsuits currently are progressing through multi-district litigation (MDL) in federal courts. MDL consolidates similar cases to expedite pre-trial proceedings, making the process more efficient by streamlining discovery and legal arguments. In the case of firefighting foam lawsuits, MDL No. 2873 is being overseen by the U.S. District Court for the District of South Carolina. Thousands of cases are part of this MDL, representing individuals and municipalities impacted by PFAS exposure from firefighting foam.
In 2023, several significant settlements have been reached with some major defendants. Notably, in June 2023, 3M agreed to pay a staggering $10.3 billion to resolve claims related to water contamination by PFAS from AFFF. This is one of the largest settlements of its kind and signals the possibility of more substantial payouts in the near future.
These firefighting foam lawsuits reflect a growing movement toward holding corporations accountable for environmental and public health damage. The PFAS issue extends far beyond firefighting foam, with these chemicals present in a wide range of consumer products, from non-stick cookware, to water-repellent fabrics. However, AFFF’s concentrated use in specific areas has made it a focal point for litigation due to the severe contamination found near military bases, airports, and firefighting training facilities.
These lawsuits underscore the importance of corporate transparency and environmental regulation. If successful, they could lead to stricter regulations around PFAS use, as well as more thorough environmental monitoring and cleanup efforts across the U.S.
What’s Next?
The future of firefighting foam lawsuits will likely see continued legal battles, as many of these cases are still working their way through the courts. While large settlements have already been made, new claims are being filed as more individuals discover the health risks associated with PFAS exposure. The long-term effects of AFFF-related contamination are still unfolding, and it may take years for the full scope of the damage to be realized.
In the meantime, regulatory bodies like the Environmental Protection Agency (EPA) are tightening restrictions on PFAS use, and states are moving to ban AFFF in favor of safer firefighting alternatives. However, for many affected by this issue, the legal battle is far from over, and the demand for accountability and justice remains as strong as ever.
The AFFF firefighting foam lawsuits represent a critical chapter in the ongoing fight against corporate negligence and environmental contamination. With billions of dollars already on the line and thousands of claims pending, this legal saga will continue to shape both public health policy and environmental law for years to come. As awareness of PFAS-related risks grows, it is clear that these lawsuits are not only about compensation but also about preventing future harm and ensuring a safer world for future generations.
We the Herd Law Firm, PLLC, we support every man, woman, and child exposed to contaminants, and believe you deserve quality, attentive legal representation. We are proud to be able to aid our veterans, their families, and others exposed to toxins in seeking restitution for their injuries. I, Charles Herd, am the proud son of a World War II veteran, and Brandon has bravely fought for our country as well!
10/15/2024
Image Credit: Yellowstone Digital Slide Files Archive
