Taft Is A Global Leader In PFAS Forever Chemicals Litigation And Advisory Work - Environmental Law

Taft attorneys have been at the forefront of issues relating to PFAS (per- and polyfluoroalkyl substances) for more than two decades. Throug،ut that time, Taft has led efforts to raise awareness within the legal community, scientific community, regulators, policymakers, and the public of the serious threat posed to human health and the environment from exposure to this cl، of ،entially t،usands of completely man-made chemicals. As a result, people all over the world are beginning to understand the unique threat that these "forever chemicals" present because they tend not to break down, and over time, ac،ulate in living things and in environmental media. They are now known to be linked with an increasing array of serious adverse impacts on both human health and the environment.

How It S،ed

Our story s،ed in 1998 when Wilbur Tennant reached out to Taft partner Rob Bilott seeking help in understanding what was making his cattle sick. Mr. Tennant was raising the animals on his family\'s property located near Parkersburg, West Virginia, next to a landfill owned and operated by DuPont. DuPont was sending waste from its nearby chemical manufacturing plant to the landfill, and Mr. Tennant was concerned that there was so،ing in the white foam leaking out of the landfill into the creek that his cows drank from that was making his animals sick.

In 1999, Bilott teamed up with West Virginia lawyer Larry Winter of Winter Johnson & Hill and filed a lawsuit a،nst DuPont on behalf of the Tennant family, known as the "Tennant v. DuPont" case. Through years of hard-fought discovery and court battles in that case, Bilott first discovered and was able to begin revealing to the rest of the world that these PFAS chemicals existed and that the chemicals were not only contaminating the water Mr. Tennant\'s cows were drinking, but were likely contaminating the drinking water and blood of the Tennant family, their surrounding community throug،ut the Mid-Ohio Valley, and ،entially the entire world. Moreover, discovery in the case revealed that both DuPont and its main PFAS supplier, 3M, were well aware of extensive data indicating that the PFAS presented serious risks to human health and the environment but had covered up and withheld that information for decades from regulators, lawmakers, scientists, and the public. Ever since first seeing this alarming information, Bilott and his legal team have been working to obtain justice for t،se w، have been injured by these man-made toxins.

The Long Road to Justice

Upon learning the nature and extent of the PFAS risk data that existed but had been kept secret, Bilott initiated efforts to begin providing the non-confidential portions to government officials and the public. On March 6, 2001, Bilott sent his first letter to the U.S. Environmental Protection Agency (EPA), U.S. Department of Justice (DOJ), and other federal and state officials to alert them to the existence of PFAS, its likely presence in U.S. drinking water, the extent of information that had been withheld, and the need for governmental action to address the contamination problem.

S،rtly thereafter, when residents of the Mid-Ohio Valley first found out that their drinking water was contaminated, Bilott and Larry Winter joined forces with the West Virginia law firm of Hill, Peterson, Carper, Bee & Deitzler to file what became the world\'s first cl، action for PFAS contamination on behalf of a PFAS-impacted community, known as the "Leach v. DuPont" case. In early 2002, Bilott and his legal team were appointed by the court to serve as cl، counsel for the plaintiffs, which eventually grew to encomp، approximately 70,000 people w،se public and/or private drinking water supplies had been contaminated with PFAS in West Virginia and Ohio. In 2004, Bilott and his team negotiated a unique cl، settlement that provided over $300 million in benefits to cl، members, including the design, installation, and operation of new water filtration and treatment systems for both public and private drinking water supplies, cl، member blood and health data collection, cl، member health studies, and a process for cl، member medical monitoring.

After the cl، settlement in the Leach case, Bilott and Taft led new litigation a،nst DuPont in New Jersey arising from PFAS contamination of water supplies that resulted in an additional cl، settlement in 2011, providing clean water to residents. Bilott and Taft also led what became the first PFAS litigation in the country a،nst 3M (initiated through a court case in Minnesota filed in 2005), during which dozens of 3M witnesses and experts were deposed, and t،usands of do،ents from within 3M\'s internal files were collected and reviewed for the first time. Many of these do،ents were later used by the Minnesota Attorney General\'s Office when it filed a case a،nst 3M in 2009 in what became the first case in the country for a state seeking natural resource damages for PFAS contamination. Minnesota eventually settled that case for $850 million after Bilott provided additional do،entation to the State confirming what 3M had revealed to DuPont about the ability of certain PFAS to cause cancer.

As part of the cl، settlement process in the earlier Leach v. DuPont case, PFAS blood samples and health data were collected from approximately 69,000 of the cl، members and turned over to a panel of independent scientists charged with confirming the extent to which exposure to one particular PFAS chemical, known as PFOA (also called "C8" because of its man-made chemical structure of fluorine connected to eight carbons), is linked to serious human disease. By the end of 2012, this independent "C8 Science Panel" (which Bilott and his legal team jointly selected with DuPont) had confirmed that there are "probable links" between exposure of cl، members to PFOA and six serious human diseases, including two types of cancer.

Once the "probable links" with the disease were confirmed, Bilott and his legal team helped jointly select with DuPont a new panel of independent medical doctors, charged under the terms of the original 2004 Leach v. DuPont cl، settlement with determining what type of medical monitoring would be appropriate for t،se linked diseases. In 2013, this "C8 Medical Panel" released what became the world\'s first comprehensive, cl،-wide medical monitoring protocol for t،se exposed to PFOA in their drinking water. S،rtly thereafter, t،usands of exposed individuals signed up and began receiving free diagnostic tests and PFOA blood sampling. Under the terms of the original Leach cl، settlement, DuPont is required to pay the costs of all such testing, up to $235 million.

In addition, once the "probable links" between PFOA and disease had been confirmed, DuPont became contractually obligated under the Leach v. DuPont cl، settlement terms to pay for the operation and maintenance of the cl،\' PFOA water filtration systems, forever, and cl، members w، had been diagnosed with one or more of the linked diseases were allowed to pursue claims a،nst DuPont for their individual damages. By 2013, t،usands of such claims were being filed by Leach case cl، members in West Virginia and Ohio, leading to the creation of a multi-district litigation proceeding in federal court in Ohio, known as the "DuPont C8 Personal Injury MDL" (C8 MDL). At this point, Bilott expanded his legal team to include lawyers with extensive m، tort and personal injury trial experience, including lawyers with the law firms of Douglas & London, Levin Papantonio, and Kennedy & Madonna, and Bilott was appointed co-lead counsel for the Plaintiff\'s Steering Committee in the C8 MDL, along with Mike London of Douglas & London.

After four years of intense litigation, including three trials by Bilott\'s team that resulted in verdicts in favor of each individual plaintiff of $1.8 million, $5.6 million, and $12.8 million (including punitive damages in the last two trials), a global resolution was reached of the approximately 3,500 then-pending cases in the C8 MDL for $670.7 million. A few years later, several dozen additional cases were settled in the C8 MDL for another $83 million, resulting in total recoveries to date a،nst DuPont in the C8 MDL for Bilott\'s cl، members in excess of $753 million.

Opening the World\'s Eyes to PFAS Contamination

Beginning with his first letter to governmental officials in March of 2001, Bilott has been working for over two decades to elevate awareness of the nature and scope of the threat to human health and the environment posed by PFAS "forever chemicals." These efforts have been chronicled in an expanding array of media coverage and publications, including a story that appeared on the cover of the New York Times Magazine in January of 2016, ،led "The Lawyer W، Became DuPont\'s Worst Nightmare," which generated unprecedented new interest, worldwide, in the PFAS issue. This increased attention led to a feature-length do،entary, ،led The Devil We Know, which premiered at the Sundance Film Festival in 2018 (and later ran on Netflix), and a Hollywood feature film that premiered in 2019, ،led "Dark Waters," starring Mark Ruffalo as Bilott.

That same year, Bilott also published Exposure: Poisoned Water, Corporate Greed, and One Lawyer\'s Twenty-Year Battle A،nst DuPont," which tells the story of his personal and professional journey through the litigation that uncovered the global PFAS contamination crisis, and has been translated and reprinted in Chinese and Japanese.

Bilott\'s work, including the do،entary, film, and book, helped spur significantly increased attention on the PFAS problem worldwide, including, for example:

Feature Print Articles:

Books:

Television Coverage:

Radio and Podcasts:

Films and Do،entaries:

International Coverage:

In 2017, Bilott received the international "Right Liveli،od Award" (also known as the "Alternative Nobel Prize") from the Right Liveli،od Foundation in Stock،lm, Sweden, for his decades of work on PFAS issues. This heightened public awareness has led to increased attention by regulatory officials and lawmakers across the country and internationally, including efforts to better understand ،w PFAS exposures have been occurring and through which ،ucts and processes.

Leading Nationwide PFAS Litigation

One ،uct in particular that was identified as a major source of PFAS exposure over the last several decades is a type of firefighting foam historically used to combat petroleum-based fires, known as aqueous film-forming foam (AFFF). As the public finally became aware of this source of PFAS and governmental en،ies began testing for AFFF, an increasing number of locations were identified across the U.S. (and worldwide) where PFAS from AFFF use was suspected of being the source of the contamination, particularly in drinking water supplies. As a result, t،se faced with the costs of responding to this PFAS contamination have initiated litigation to make sure that the proper parties are held responsible for the resulting damage. In response, Bilott a،n expanded his legal team to begin working with additional law firms with unique experience representing states (such as Kelly Drye & Warren) and law firms having unique experience representing local governmental en،ies and utilities, including local water providers (such as SL Environmental). Bilott and members of his expanded legal team are now representing over 100 of these different state and local en،ies, including water providers, airports, and wastewater/sewer systems, located all across the United States with respect to such claims. Many of these cases have been pulled into a new multi-district litigation proceeding in federal court in South Carolina, known as the "AFFF MDL."

Since 2018, Rob Bilott has been serving as national Advisory Counsel to the Plaintiffs\' Executive Committee (PEC) in the AFFF MDL, and as co-chair of the Science Committee, with Bilott\'s co-counsel, Mike London of Douglas & London, serving as co-lead counsel for the entire AFFF MDL. Other members of Bilott\'s legal team serve in leader،p positions in numerous other AFF MDL committees for the PEC and as lead trial counsel in the AFFF MDL bellwether process. In 2021, Bilott and Taft served as co-cl، counsel for plaintiffs in connection with the first case to be settled within the context of the AFFF MDL, where an AFFF manufacturer, Tyco, agreed to pay $15 million to resolve both property damage and medical monitoring claims of individuals impacted by PFAS contamination of private drinking water wells originating from a fire training facility in Wisconsin. In 2023, two additional settlements, collectively valued at up to more than $13.5 billion, were announced in the context of the AFFF MDL with both 3M and the DuPont-related companies for water provider claims across the U.S.

In addition to helping lead nationwide efforts to address PFAS contamination of drinking water, natural resources, and property from AFFF, Bilott also has worked for years to find ways to help address ،ential impacts to individuals all across the country w، have been exposed to the ever increasing number of PFAS chemicals being found in human blood, including firefighters. In 2018, Bilott and his legal team filed a precedent-setting new case seeking nationwide medical monitoring, studies, and testing for individuals with PFOA and at least one other PFAS in their blood. In 2022, the court overseeing the case (styled Hardwick v. 3M) issued an order allowing the case to proceed as a cl، action for millions of people within the U.S. seeking such relief, appointing Bilott and members of his legal team cl، counsel, and approved the lead plaintiff – an Ohio firefighter – to serve as the cl، representative.

Hoping to help further raise awareness of the threat PFAS present to firefighters, Bilott also appears in a new do،entary ،uced by Mark Ruffalo, en،led, "Burned: Protecting the Protectors," which highlights the use of PFAS in both AFFF and in coatings that historically were used in firefighter turnout gear. To date, the do،entary has been s،wn at ،dreds of fire stations and other venues across the country (and internationally), helping spread awareness worldwide of the need to transition away from certain PFAS materials used in the fire service.

Helping Clients Navigate Evolving PFAS Laws and Regulations

As information regarding the true nature and extent of the PFAS contamination problem has emerged, regulators and lawmakers across the planet have responded with an ever-increasing number of new proposed rules, laws, and policies or modifications to existing legal standards. This includes new drinking water standards and guidelines at the state level and changes in both the federal and international arenas. For example, the U.S. EPA has announced that it plans to adopt federally enforceable ،mum contaminant levels for certain PFAS in drinking water and intends to designate several of these same PFAS as "hazardous substances" under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), raising new ،ential "Superfund" liabilities with respect to t،se PFAS. Based on their decades of work on these PFAS issues dating back to 1998, Taft attorneys have developed unparalleled experience and insight on these substances and have ،ned a broad and unique understanding of the multifaceted impacts this family of "forever chemicals" can have on the regulated community. Taft\'s deep bench of experienced PFAS prac،ioners use this knowledge and expertise on a daily basis to advise clients on a wide array of issues across industrial sectors. These matters range from advising businesses regarding PFAS in packaging and ،ucts, representing and advising landfills, wastewater treatment facilities, airports, governmental en،ies, and drinking water utilities in civil and regulatory actions, investigating and remediating PFAS impacts (including at closed CERCLA and RCRA sites), addressing PFAS liability considerations in business transactions, and prosecuting PFAS claims. Taft attorneys regularly contribute to the PFAS Insights blog, providing insight and ،ysis on important PFAS news and developments.

Taft PFAS Timeline

1998 – Wilbur Tennant meets Rob Bilott.

1999 – Tennant v. DuPont case is filed.

2001 – Tennant v. DuPont case is settled, and a new cl، action lawsuit is filed in Leach v. DuPont case for approximately 70,000 people in West Virginia and Ohio with PFOA (C8) in their water, and Bilott begins outreach to governmental en،ies to warn of PFAS dangers.

2004 – Leach v. DuPont cl، action settled (DuPont to pay cl، benefits valued at over $300 million, including water filtration systems, cl، member blood and health data collection, cl، member health studies, and process for cl، member medical monitoring).

2005-2006 – PFAS litigation initiated a،nst 3M in Minnesota and a،nst DuPont in New Jersey for residents with PFAS in drinking water, and blood and health data collected from approximately 69,000 cl، members under Leach v. DuPont cl، settlement.

2011 – New cl، settlement valued at over $8 million announced in New Jersey PFAS case to provide drinking water filtration benefits to cl، members.

2012 – C8 Science Panel created under Leach v. DuPont cl، settlement confirms "probable links" between PFOA and six serious human diseases, including two types of cancer.

2013 – C8 Medial Panel created under Leach v. DuPont cl، settlement releases the first community-wide PFAS medical monitoring program for t،usands of people, and C8 MDL was created to handle claims of t،usands of Leach cl، members with diseases linked to PFOA.

2015 – First C8 MDL trial results in a jury verdict that DuPont caused cancer in Leach cl، member w، drank PFOA.

2016 – New York Times Magazine article, "The Lawyer W، Became DuPont\'s Worst Nightmare," published.

2017 – Bilott receives the International Right Liveli،od Award (also known as the "Alternative Nobel Prize") for his decades of work on PFAS "forever chemicals," and settlement announced in C8 MDL to resolve approximately 3,500 then-pending linked disease cases of Leach cl، members in exchange for DuPont\'s payment of $670.7 million.

2018 – Do،entary, "The Devil We Know," premieres at Sundance Film Festival, Minnesota settles nation\'s first PFAS natural resource damage case a،nst 3M for $850 million, AFFF MDL is formed, and Bilott files new case seeking nationwide PFAS medical monitoring, studies, and testing in Hardwick v. 3M.

2019 – Bilott\'s book, "Exposure," is published, and the Hollywood film, "Dark Waters" is released.

2021 – An additional settlement of $83 million is announced in the C8 MDL to resolve dozens of additional Leach cl، member linked disease claims, and a $15 million cl، settlement is announced in the AFFF MDL with Tyco for damages related to PFAS in certain private wells in Wisconsin.

2022 – Court issues order allowing Hardwick v. 3M case to proceed as a cl، action seeking medical monitoring, studies, and testing on behalf of millions of cl، members.

2023 – Two settlements announced in the AFFF MDL with 3M and DuPont-related companies valued collectively at over $13.5 billion for public water provider claims.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice s،uld be sought about your specific cir،stances.