Dive Brief:
- Maryland Attorney General Anthony Brown filed a lawsuit last month against material science conglomerate W.L. Gore and Associates, accusing the company’s 13 facilities in Elkton, Maryland, of contaminating the state with PFAS, according to a Dec. 18 press release.
- The complaint also stated the company, which makes the waterproof material Gore-Tex, allegedly knew about the dangers of the forever chemicals due to its decades-long business relationship with DuPont de Nemours, which invented the forever chemical PTFE. The state claims Gore concealed the harmful effects of the chemicals.
- The state is asking for monetary relief, including funds to investigate, clean up and remediate contaminated water and land, as well as compensation for damages that harmed state-owned land or resources. A monetary amount was not disclosed.
Dive Insight:
The state claims that Gore executives, including former DuPont employee and company founder Robert Gore, knew that the facilities were releasing toxic chemicals in the form of the PFAS perfluorooctanoic acid (PFOA), but did nothing for decades.
The lawsuit goes on to accuse Gore of negligence and of discharging hazardous PFAS and other toxic chemical waste into the state’s natural resources without a permit.
As a result, the manufacturer allegedly violated the Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA, as well as state environmental law, according to court documents.
In April 2024, the Environmental Protection Agency listed two types of PFAS, PFOA and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA.
The state accused Gore of releasing PFAS into the natural resources and air, exposing its residents to health risks, according to court documents. Under CERCLA, any person or company that dumps hazardous waste from a facility they own must incur the cost of damages, removal and remediation.
Since February 2023, Gore-Tex maker has been working closely with the Maryland Department of the Environment to evaluate the presence of PFOA in groundwater near several of its Elkton facilities, according to a company webpage.
The manufacturer’s actions included offering water bottles to residents, groundwater monitoring and sampling as well as providing access to alternative water sources, according to a company timeline.
“While we appreciate Gore’s limited investigation to ascertain the extent of PFAS contamination around its facilities, much more needs to be done to protect the community and the health of residents,” Department of the Environment Secretary Serena McIlwain said in the Dec. 18 press release. “We must remove these forever chemicals from our natural resources urgently, and we expect responsible parties to pay for this remediation.”
Gore denies the allegations in the complaint and is “surprised” by the attorney general’s decision to initiate legal action, Gore spokesperson Amy Calhoun said in an emailed statement to Manufacturing Dive.
“As a responsible manufacturer, we strive to always adopt the best available control technologies and implement the most advanced practices to fulfill our commitment to be a good steward of the environment and a good neighbor,” Calhoun said in an email. “Our actions have reflected the emerging science of PFAS and evolving regulations.”
Gore was initially required to respond to the lawsuit by Jan. 10, but received an extension to respond by Jan. 29.
