The city of Waco is joining a class-action lawsuit against the makers and sellers of a firefighting foam linked to cancer and long-term environmental damage.
The foam, known as aqueous film-forming foam (AFFF), is designed for use in extinguishing fuel fires and for years was required for use at airports, including Waco Regional Airport, City Attorney Jennifer Richie said.
The foams include chemicals such as perfluorooctane sulfonic acid and perfluorooctanic acid, which can cause cancer and contaminate soil and groundwater, according to a summary provided to the Waco City Council.
The council voted Sept. 5 to choose three law firms to represent the city in the foam legislation: Eiland & Bonnin of Galveston, Baron & Budd of Dallas, and Cossich Sumich Parsiola & Taylor of New Orleans.
More than 5,600 plaintiffs have joined the lawsuit, which is pending in the U.S. District Court in South Carolina, according to the online Lawsuit Information Center.
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Waco joined Fort Worth and San Angelo to become the third Texas city in the litigation, Richie said. She said Jefferson County also is a plaintiff.
Richie said the city will test the airport for contamination from the hazardous foam, which was removed from the market several years ago.
“These products can contaminate water, wastewater, soil, and groundwater,” Richie said. “In the lawsuit against manufacturers, distributors and others involved in profiting from the sale of these chemicals, we seek our costs in testing and monitoring and possibly remediating and treating for any contamination.”
According to the court’s website, the lawsuit was first assigned to the court in 2018. The lawsuit names more than 30 defendants, including 3M, DuPont, Chemours, Tyco Fire Products, Chemguard Inc, ChemDesign Inc and the Amerex Corporation.
The Lawsuit Information Center states that the foam in question contains poly-fluoroalkyl substances, or PFAS, known “forever chemicals.”
A U.S. Geological Survey study this summer estimated that 45% of tap water in the U.S. contains PFAS chemicals.
PFAS are extremely heat-resistant and cannot be broken down by oil or water and as a result, do not break down or biodegrade in the environment. The Environmental Protection Agency published a health advisory in 2016 warning of the possibility that exposure to the chemicals can cause cancer.
The International Agency for Research on Cancer, the Centers for Disease Control and the American Cancer Society have conducted studies that linked prolonged exposure to PFAS chemicals to kidney, prostate and testicular cancer. The Lawsuit Information Center also lists bladder, pancreatic, liver, breast and ovarian cancer as being caused by PFAS exposure, in addition to leukemia and non-Hodgkin’s lymphoma.
The Lawsuit Information Center also says many of the defendants in the case were aware of the dangerous properties of the chemicals. The foams were first used in the 1950s and 1960s, and the Information Center claims many of the companies were aware of the cancer risks and never disclosed that information.
John Riddle, the president of the Texas State Association of Fire Fighters, said in an email statement that cancer is the leading cause of death in the fire service. He also said the TSAFF is working to search for chemicals and gear that can reduce cancer risks.
“TSAFF appointees to state and national committees and task forces are helping lead the search for next-generation chemicals and PFAS-free gear that reduce cancer risks but still adequately protect us on the fire ground and beyond,” Riddle said. “While that work continues, we’re also monitoring the wave of AFFF- and PFAS-related litigation around the state, including what’s apparently developing in Waco. Thousands of individual, organizational and municipal PFAS cases already are on file. The legal landscape in this area is incredibly active.”
Nearly Half of US Tap Water Contains ‘Forever Chemicals,’ Study Finds: 716 locations in D.C., the Virgin Islands, Puerto Rico and all 50 states were tested by the U.S. Geological Survey (USGS), CBS News reports. PFAS, or “forever chemicals,” were found in a minimum of 45% of faucets.
