DuPont

February 16, 2024

Plastics industry engaged in 50 years of fraud over recycling, report alleges

By Dana Drugmand

Plastics makers and petrochemical industry players have engaged in a decades-long fraud aimed at deceiving the public about plastic recycling, according to a new report that spotlights freshly uncovered industry communications and internal documents.

The report comes as the global plastic waste crisis deepens, and as environmental advocacy organizations are increasingly calling for major fossil fuel and petrochemical companies to be held responsible for plastic pollution that poses a threat to human and planetary health.

“Despite their long-standing knowledge that recycling plastic is neither technically nor economically viable, petrochemical companies—independently and through their industry trade associations and front groups—have engaged in fraudulent marketing and public education campaigns designed to mislead the public about the viability of plastic recycling,” asserts the new report, released by the Center for Climate Integrity (CCI) on Thursday.

In detailing the plastics industry’s campaign of deception that dates back more than 50 years, the report reveals how the industry deployed a familiar strategic playbook to push back on threats of regulation by promoting a misleading narrative and false claims pertaining to plastics and recycling, despite knowing all along that plastics’ recyclability was more of a public relations message than an effective solution to the waste management problem.

“This evidence shows that many of the same fossil fuel companies that knew and lied for decades about how their products cause climate change have also known and lied to the public about plastic recycling,” CCI President Richard Wiles said in a statement. “When corporations and trade groups know that their products pose grave risks to society, and then lie to the public and policymakers about it, they must be held accountable.”

February 6, 2024

For a second time, US court bans dicamba weed killers, finds EPA violated law

By Johnathan Hettinger

Dealing a blow to three of the world’s biggest agrochemical companies, a US court this week banned three weed killers widely used in American agriculture, finding that the Environmental Protection Agency (EPA) broke the law in allowing them to be on the market.

The ruling is specific to three dicamba-based weed killers manufactured by Bayer, BASF and Syngenta, which have been blamed for millions of acres of crop damage and harm to endangered species and natural areas across the Midwest and South.

This is the second time a federal court has banned these weed killers since they were introduced for the 2017 growing season. In 2020, the Ninth Circuit Court of Appeals issued its own ban, but months later the Trump administration re-approved the weed killing products, just one week before the presidential election at a press conference in the swing state of Georgia.

But a federal judge in Arizona ruled late Monday that the EPA made a crucial error in re-approving dicamba, finding the agency did not post it for public notice and comment as required by law. US District Judge David Bury wrote in a 47-page ruling that it is a “very serious” violation and that if EPA did do a full analysis, it likely would not have made the same decision.

Bury wrote that the EPA did not allow many people who are deeply impacted by the weed killer – including specialty farmers, conservation groups and more – to comment.

The lawsuit was filed by farmer and conservation groups that said EPA violated two laws in its approval: the Federal Insecticide, Fungicide, and Rodenticide Act and the Endangered Species Act.

EPA spokesman Jeffrey Landis said the agency is still reviewing the ruling but declined to comment further.

“Time and time again, the evidence has shown that dicamba cannot be used without causing massive and unprecedented harm to farms as well as endangering plants and pollinators,” said George Kimbrell, legal director of the Center for Food Safety, which litigated the case.

December 12, 2023

Ohio PFAS class action lawyers slam US judges; seek rehearing

By Shannon Kelleher

A federal appeals court should grant a rehearing in a class action lawsuit filed against the makers of toxic PFAS chemicals after a panel of three federal judges disregarded legal precedent and misstated crucial facts in rejecting claims of liability alleged against PFAS makers, according to a petition filed by plaintiffs’ lawyers in the closely watched legal battle.

The request for rehearing comes after last month’s ruling by the Cincinnati, Ohio-based 6th US Circuit Court of Appeals, which reversed a lower court’s approval of the lawsuit brought on behalf of Ohio residents who want PFAS makers 3M, DuPont and others to pay for medical monitoring and studies that will analyze the health impacts of PFAS contamination the residents have been exposed to. The plaintiff’s attorneys have requested either a panel rehearing; a hearing before all judges of the court; or permission for the plaintiff to refile.

Lead plaintiff Kevin Hardwick worked as a firefighter for 40 years and used PFAS-containing foams at work. He alleges that ten companies, including chemical giants 3M, DuPont, and related companies, caused his blood -and the blood of other Ohio residents – to become contaminated with potentially dangerous levels of PFAS chemicals. The judges who rejected the allegations said in their opinion that Hardwick could not trace the chemicals in his blood back to the ten defendants, citing “the thousands of companies that have manufactured chemicals of this general type over the past half-century.”

In the filing by plaintiffs’ lawyers on Monday, the lawyers for the class action said the judges were factually wrong on multiple fronts, including stating that there are thousands of PFAS manufacturers. One of the PFAS toxins found in Hardwick’s blood is perfluorooctane sulfonic acid (PFOS). PFOS has only been made by defendant 3M, for instance, a fact not even disputed by 3M, the petition states. Another type of PFAS found in his blood was perfluorooctanoic acid (PFOA).

“Defendants do not dispute that they caused PFOA (and other PFAS) to be created and deposited into human blood. Nor do they dispute that that these toxins did not exist before Defendants created them,” the Hardwick petition states. The defendants additionally have been identified by the US EPA as “known makers” of PFOA, according to the petition for rehearing.

December 1, 2023

Chemical found widely in the environment causes cancer, global experts determine

By Shannon Kelleher

A group of global scientific cancer experts this week classified a widespread chemical known as PFOA as carcinogenic to humans, confirming decades of research, and building on concerns about human and animal exposure to that chemical and to the larger class of manmade substances that are commonly known as “forever” chemicals because of their persistence in the environment. Separately, the experts deemed a related chemical called PFOS as possibly carcinogenic to humans.

The classifications, published Thursday in The Lancet Oncology, were determined by a working group of 30 experts from around the world through the International Agency for Research on Cancer (IARC), an arm of the World Health Organization (WHO). The experts convened in Lyon, France Nov. 7-14 to review published literature on the health risks of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). Both are types of per-and poly fluoroalkyl substances (PFAS).

“This latest action highlights and reaffirms the concerns we have been raising for decades that these man-made ‘forever chemicals’ present a serious threat to human health, mandating that appropriate steps be taken to prevent and address exposures,” said Rob Bilott, an environmental lawyer for the Ohio-based firm Taft Law who has spent over two decades exposing the dangers of PFAS chemicals.

In classifying PFOA as carcinogenic, the IARC scientists said they found “sufficient” evidence for cancer in experimental animals exposed to PFOA and “strong” evidence that the chemical affects gene expression and immune response in humans exposed to PFOA. They also found limited evidence for cancer in humans, identifying a link to renal cell cancer and testicular cancer.

The scientists said that the research shows PFOS is “possibly” carcinogenic to humans. They said they found strong mechanistic evidence that the chemical affects gene expression and immune response in exposed humans, along with several other key characteristics of carcinogens. They also found limited evidence linking PFOS to cancer in experimental evidence but ‘inadequate evidence’ linking it to cancer in humans.

It remains to be determined how, or if, the new classifications may impact thousands of lawsuits that are pending in US courts against PFAS makers DuPont and 3M. The companies have been sued by individuals as well as by drinking water utilities and municipalities over alleged harms tied to PFAS contamination.

On Monday, a US appeals court turned back a large class action lawsuit brought on behalf of Ohio residents, finding there was not sufficient proof that the companies caused the exposure alleged in the case. Lead plaintiff Kevin Hardwick, who worked as a firefighter for 40 years and used PFAS-containing foams, brought the suit in 2018, alleging that the companies caused his blood to become contaminated with potentially dangerous levels of PFAS chemicals. Hardwick asked for a panel of scientists to study the effects of PFAS in his body and for medical monitoring.

November 24, 2023

After historic drinking water settlements, PFAS personal injury lawsuits loom

By Shannon Kelleher

In the wake of landmark settlements requiring chemical giants 3M and DuPont to pay billions to US water systems for alleged toxic chemical contamination, litigation over personal injuries from PFAS exposure is starting to move forward.

The first round of personal injury cases to go to trial will involve people who developed one of four diseases after drinking water contaminated with per- and polyfluoroalkyl substances (PFAS) from firefighting foam used at airports or military sites in Colorado and Pennsylvania, which seeped into nearby communities’ drinking water, according to lawyers for plaintiffs.

No date has been set yet for a bellwether trial, which is probably at least a year down the road, said Anne McGinness Kearse, an attorney with the Motley Rice law firm, which will be representing plaintiffs in the litigation. Attorneys for both sides are currently in the process of determining which plaintiffs will be the first to have their cases heard. They are due to report a joint proposal to the court by Dec. 1. As with the water supplier cases, 3M and DuPont are the main defendants, said Kearse.

A separate round of litigation will focus on people exposed through occupational exposure to PFAS, a group that mostly includes firefighters who have been exposed to the chemicals through their firefighting gear and in aqueous film-forming foam (AFFF), which has been used for decades to help quench fires.

“We are seeing what we believe are increases in the rates of cancer in our members at younger ages,” said Sean DeCrane, director of health and safety operational services at the International Association of Firefighters (IAFF). “That gives us a lot of concern.”

November 8, 2023

PFAS industry spent over $110 million on recent lobbying, report finds

By Shannon Kelleher

Chemical industry advocates have spent more than $110 million in recent years on lobbying efforts that included opposing laws designed to reduce the use of, and exposure to, a group of toxic chemicals known as PFAS, according to a new study.

Lobbying expenditures from 2019 to 2022 undermined toxic chemicals legislation that would impact industries that make and use per- and polyfluoroalkyl substances (PFAS), according to Food & Water Watch, which published the report on Tuesday. During that period, only four of more than 130 bills introduced by Congress to help clean up PFAS became law.

“There’s a whole disproportionate amount of money being spent by the opposing side to try to avoid any kind of meaningful action,” said Amanda Starbuck, research director of Food & Water Watch. “If we want to stop the production and the contamination from PFAS, even before we get into the cleanup part of it, we really need some comprehensive legislation. I think this report shows what’s standing in the way.”

PFAS, also called “forever chemicals,” do not break down naturally and are found in about 83% of US waterways, according to a 2022 analysis. About 97% of Americans have PFAS in their blood, according to the Centers for Disease Control. Exposure to the chemicals has been linked to numerous health problems, including thyroid, kidney, and testicular cancer, as well as ulcerative colitis, high cholesterol, and hypertension during pregnancy. Last March, the Environmental Protection Agency (EPA) announced proposed drinking water standards for six PFAS chemicals.

The companies 3M, DuPont, and others agreed to settlements over the summer that will provide communities with billions of dollars to test for PFAS and remove them from drinking water.

To investigate how much money is potentially being used to fight PFAS legislation, researchers dug into a database of lobbying disclosure forms made available by the US House of Representatives. The team focused on six top PFAS manufacturers, the companies 3M, Archroma, Chemours, Daikin, Honeywell, and Solvay, as well as Dow and DuPont, which historically made or used PFAS, and the American Chemistry Council (ACC).

The PFAS companies paid 28 lobbyists to fight a 2019 bill that would have designated two major types of PFAS as hazardous substances under the Superfund program, the report found. The PFAS Action Act passed the House but was killed by the Senate Committee on Environment and Public Works, where a majority of current committee members accepted campaign contributions from PFAS manufacturers or the ACC, the report found. The committee’s Democratic majority received about $70,000 from top chemical companies from 2019 to 2022, while the Republican minority received nearly $400,000, according to the report.

October 26, 2023

PFAS chemicals linked to thyroid cancer, human data suggests

By Shannon Kelleher

Exposure to some per- and polyfluoroalkyl substances (PFAS) may increase thyroid cancer risk, according to a study published Tuesday.

The analysis, which compared blood samples from 88 people who developed thyroid cancer with samples from people who did not, is the first to document an association between PFAS and thyroid cancer, which had been previously hypothesized. Past research has linked these endocrine-disrupting chemicals to thyroid disease, a condition in which the gland produces too many or too few hormones. The new research adds to a growing list of health problems linked to PFAS, including kidney cancer, testicular cancer, ulcerative colitis, high cholesterol, and hypertension during pregnancy.

The study, which looked at eight different types of so-called “forever chemicals,” found that doubly high levels of perfluorooctanesulfonic acid (PFOS) in the blood corresponded with a 56% higher risk for thyroid cancer diagnosis. The PFAS chemicals perfluorononanoic acid (PFNA), perfluorooctylphosphonic acid (PFOPA), and perfluorohexanesulfonic acid (PFHxS) were also found to be associated with thyroid cancer.

“Although preliminary, this is an important study highlighting the risk of thyroid cancer derived from PFAS contamination of water and soil,” said Luca Chiavato, a professor of endocrinology at the University of Pavia in Italy who was not involved with the study.

August 30, 2023

Historic 3M PFAS settlement gets preliminary court approval

By Shannon Kelleher

A federal court on Tuesday granted preliminary approval for a “landmark” $12.5 billion payout by chemical conglomerate 3M to resolve claims in a class action lawsuit and help public drinking water providers remove toxic per- and polyfluoroalkyl substances (PFAS) from communities around the United States.

The court approval comes a week after DuPont and related companies received preliminary approval for a $1.185 billion settlement that similarly addresses class action claims over toxic PFAS contamination in US water systems. Together, the deals mark the largest drinking water settlements in history.

Both settlements relate to water system contamination by PFAS in aqueous film-forming foam (AFFF), used as a firefighting agent and widely used by military and civilian airports as well as municipal fire departments.

The AFFF litigation is one aspect of more extensive and ongoing litigation against 3M and DuPont that blame the companies for knowingly contaminating the environment with PFAS for decades despite evidence that the substances pose a risk to human health. Lawyers representing plaintiffs in the litigation have uncovered internal corporate records dating back to the 1960s revealing corporate concerns about PFAS that were not shared with the public or regulators.

“These new proposed settlements for public water providers in the AFFF litigation represent not only historic amounts of potential recoveries for victims of PFAS contamination, but also reflect the decades of work our team has undertaken to make sure the information these companies had – but withheld – as to the threat these ‘forever chemicals’ pose to human health and the environment is finally revealed to the public, and that the proper parties are held financially responsible for the enormous damage caused,” plaintiffs’ attorney Rob Bilott, who has led PFAS litigation for more than 20 years, said in a press release.

August 22, 2023

Wisconsin city sues PFAS manufacturers for contaminating water supply

By Grace van Deelen

A Wisconsin city filed a lawsuit on Monday against multiple manufacturers of toxic substances knowns as PFAS, claiming the chemical makers should be responsible for more than $20 million in expected costs to clean up PFAS-contaminated water supplies.

The legal action by the city of Eau Claire, Wisconsin adds to a rapidly expanding mass of US litigation that targets 3M, DuPont and other companies for allegedly knowingly contaminating the environment for decades with harmful per- and polyfluoroalkyl substances (PFAS).

“The PFAS manufacturers, not the public, should be responsible for these costs,” Eau Claire city officials said in a statement. “These companies knew long ago that PFAS chemicals were harmful yet failed to warn the public or remove the product from the market, all the while profiting greatly from its continued sale.”

Costs for the city to mitigate PFAS-contaminated water have already exceeded $1 million, according to the city.

PFAS have been widely used for decades around the world in an array of industrial processes and consumer products for their thermal stability and stain- and water-repellent properties. They are present in pizza boxes, plastics, paints and thousands of other products. PFAS have also been widely used at military bases and airports.

Some types of PFAS have been linked to kidney and prostate cancer, liver dysfunction, high cholesterol, and reproductive problems, among other health problems.

August 16, 2023

PFAS in firefighting foam linked to testicular cancer in new study

By Grace van Deelen

A study of over 1,000 Air Force servicemen shows that exposure to firefighting foam containing PFAS may be linked to a higher risk of developing testicular cancer.

The research, led by scientists from the National Institutes of Health (NIH), a federally funded research center, adds to a collection of scientific work investigating the links between certain kinds of PFAS and a range of human health harms.

The new study specifically looked at PFAS as an ingredient in aqueous film-forming foams (AFFFs) used on military bases, and analyzed PFAS exposures of Air Force servicemen who worked regularly with AFFF for years.

The findings may give new credence to mounting lawsuits from military veterans claiming PFAS exposure in firefighting foam made them sick while manufacturers hid the health risks. Thousands of other lawsuits are pending against PFAS manufacturers 3M and DuPont, among other companies, alleging they spread harmful PFAS throughout the environment despite knowing of risks to human health.

“We were still under the perception that firefighting foam was safe,” said Kevin Ferrara, a retired former Air Force firefighter who used AFFFs on a regular basis for 15 years during his military career. While Ferrara has never had testicular cancer, he suffers from other health issues he believes are linked to PFAS exposure. He says that no one ever told him or his colleagues that the firefighting foam might have posed a health risk, and they didn’t usually take extra precautions to avoid direct contact with the foam.

“Now we know the truth,” he said.