Delaware AG Files PFAS Suit Against Numerous Companies

November 2, 2023

Read the full article by Troutman Pepper State Attorneys General Team (Troutman Pepper)

"On October 26, Delaware Attorney General (AG) Kathleen Jennings filed a lawsuit against fourteen chemical companies for allegedly contaminating the state’s natural resources with per- and poly-fluoroalkyl substances (PFAS) traceable to the use and disposal of aqueous film-forming foam (AFFF), a specialized firefighting foam product widely used at airports and military bases. The suit is the result of an investigation that was conducted over a two-year timeframe that involved environmental sampling, forensic analysis, and a review of corporate records.

According to the complaint, all of the defendants designed, manufactured, marketed, distributed, supplied, and/or sold PFAS-based AFFF products and/or AFFF components that contain or break down into toxic components that, when used as intended, result in significant environmental contamination and pollution with PFAS. As a result, the AFFF manufacturers are responsible for introducing PFAS into Delaware rivers, streams, groundwater, soils, and wildlife. The complaint goes on to say that safer alternatives were available at the time the defendants designed, manufactured, marketed, distributed, supplied, and/or sold the products."