Toxic “forever chemicals” or PFAs leaked into Fort Worth’s drinking water. Now, the city is suing the U.S. government and 29 chemical manufacturers for at least $420 million in damages over the contamination.
Fort Worth’s attorneys asked the court to keep the litigation intact as a single lawsuit, rather than dividing it into 30 cases. They will likely transfer the lawsuit to the Aqueous Film-Forming Foam Multi-District Litigation in South Carolina, where similar PFAs cases are being consolidated. Since its inception, the MDL has had approximately 10,000 plus associated cases opened as direct filed or transferred, comprising tens of thousands of plaintiffs, according to the court.
Undeterred by the scale of the challenge, the City of Fort Worth took action March 10, filing a lawsuit in the U.S. District Court for the Northern District of Texas.
The lawsuit lists as defendants the Department of Defense, Department of the Air Force, Department of the Navy, and 29 companies, including 3M Co. and DuPont, for contamination with per- and poly-fluoroalkyl substances, commonly known as PFAs.
Requests for comment from 3M and DuPont were not immediately returned. Air Force and Navy spokesmen declined to comment because of the pending legislation. The Department of Defense did not immediately respond to requests for comment.
Judge Mark T. Pittman ordered March 12 “that this case be divided into separate cases and case numbers for separate trials.”
According to the court order, Fort Worth, the nation’s 10th largest city, alleges 12 causes of action against the defendants, spanning from the 1940s to the present day.
“Some of the defendants have entered into settlement agreements that cover some but not all claims,” Pittman found. “Other defendants are part of this lawsuit as alleged successors in interest. Others are in bankruptcy proceedings, which have allegedly been stayed for this lawsuit. … Additionally, the alleged facts surrounding the claims against each defendant will vary significantly based upon their distinct roles, the specific chemical involved, and the time period. … Thus, the current posture of the case is untenable for efficient docket management.”
The city is represented by its legal department, along with Jose E. de la Fuente from Lloyd Gosselink Rochelle & Townsend in Austin; and Jessica K. Ferrell and Victor Y Xu with Marten Lawin Seattle.
A Fort Worth city spokeswoman and de la Fuente declined to comment.
The City of Fort Worth’s lawsuit centers on allegations that PFAS-containing firefighting foam used at Naval Air Station Joint Reserve Base Fort Worth and the former Carswell Air Force Base contaminated local water sources.
The lawsuit seeks reimbursement for the costs of water-quality testing, filtration systems, and managing contaminated materials.
“The defendants knowingly manufactured, distributed and sold PFAS-containing products without adequate warnings, leading to widespread contamination,” The lawsuit states.
The chemicals, nicknamed “forever chemicals” because they don’t break down naturally in the environment, have been linked to health concerns, including cancer, immune-system damage, and developmental issues in children.
The city requested a jury trial. It seeks damages for response costs, including water quality assurance, installation and maintenance of filtration systems, and disposal of contaminated residuals.