MD sues company over ‘forever chemicals’ released for decades

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Maryland has filed a federal lawsuit against a global materials science company, alleging it released toxic “forever chemicals” in Cecil County for more than half a century.

In a complaint filed Wednesday in the U.S. District Court for the District of Maryland, the state of Maryland alleges that W. L. Gore & Associates Inc. knew of the toxicity and risks of chemicals, known as PFAS, released during manufacturing at its Cecil County facilities and failed to inform Maryland or community members of the dangers posed by the alleged PFAS emissions.

Gore, known for creating the Gore-Tex brand, is investigating the extent of PFAS and PFOA contamination around its facilities, but according to the complaint, the investigation comes “decades” after Gore knew of the potential risks.

“At the same time that Gore was profiting from the products it manufactured in Maryland, it knew for decades that PFOA was toxic and posed significant risks to human health and the environment and failed to warn the State or the communities living around its facilities of the dangers posed by its PFAS,” the complaint states. “Instead, Gore concealed those dangers to protect its corporate image and limit its liability.”

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PFOA and other PFAS are known as “forever chemicals” because they remain in the environment for hundreds of years, with contamination remaining for decades, even if the source of the contamination is addressed.

Amy Calhoun, spokesperson for W. L. Gore & Associates, said in an email Thursday that Gore denies the allegations and is surprised by the legal action, given Gore’s “proactive and intensive engagement with state regulators over the past two years.”

“As recently as [Wednesday] morning, we submitted to the state a detailed testing report for our Cherry Hill facility, which summarizes nearly two years of comprehensive ground water investigation. This demonstrates Gore’s continuous, proactive engagement with the Maryland regulators since learning two years ago about the presence of PFOA in ground water near our Cherry Hill facility,” Calhoun said.

But the complaint alleges that Gore has not conducted any sampling to determine whether PFOA or other PFAS are detected in two Gore facilities. Instead, according to the complaint, Gore claims those facilities did not process any APFO-containing materials, or materials containing the ammonium salt form of PFOA.

“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 on behalf of Gore. “Our actions have reflected the emerging science of PFAS and evolving regulations.”

In a news release, Maryland Attorney General Anthony Brown spoke of the harms of PFAS contamination.

“PFAS are linked to cancer, weakened immune systems, and can even harm the ability to bear children,” Brown said. “It is unacceptable for any company to knowingly contaminate our drinking water with these toxins, putting Marylanders at risk of severe health conditions. Our office will not tolerate companies that put profits ahead of the health and safety of Maryland families.”

Maryland Department of the Environment Secretary Serena McIlwain said in a news release that “much more needs to be done to protect the community and the health of residents.”

“We must remove these forever chemicals from our natural resources urgently, and we expect responsible parties to pay for this remediation,” McIlwain said.

The complaint asks the court to order Gore to pay all costs relating to the investigation and cleanup of PFAS contamination attributable to several facilities Gore owns and operates in Cecil County.

According to the Maryland Office of the Attorney General, the Maryland Department of the Environment has been assessing PFAS contamination near Gore’s operations in the Elkton area, including providing sampling of residents’ private drinking water wells.