SC attorney general sues chemical manufacturers over ‘forever chemical’ pollution

Attorney General Alan Wilson sued some of the country’s largest manufacturers and distributors of toxic forever chemicals Monday, alleging that the companies “knowingly’’ contaminated natural resources and drinking water with toxins now being found across the state and nation.

Wilson, a Republican, isn’t generally recognized for taking stances on environmental protection, tending to support industries upset about environmental regulations. But concerns about the chemicals, called per and polyfluoroalkyl substances or PFAS, produced strong statements in the lawsuit about the damage the chemicals are doing to South Carolina.

The lawsuit seeks damages from 3M, DuPont and associated companies, which manufactured and distributed forever chemicals for decades. The chemicals have been used since the 1940s to coat non-stick frying pans, keep clothing waterproof, prevent stains in carpet and to fight fires.

“I’m a firm believer in the free market, but when companies knowingly violate the law and harm South Carolinians in the process, there deserves to be consequences,’’ Wilson said in a news release. “By filing this suit, we’re fighting to protect our valuable natural resources and keep South Carolinians safe.’’

Although widely used, forever chemicals are now being tied to multiple health effects, including certain types of cancer, thyroid disorders and high cholesterol. A major concern is that they do not breakdown easily in the environment, posing health risks for years. Unfortunately, many family doctors don’t know much about treating people exposed to PFAS and medical tests are hard to find.

Wilson filed the suit in state court in Richland County. The lawsuit did not seek specific damages, but those familiar with the case said DuPont and 3M could be liable for hundreds of millions of dollars. Spokespeople for Dupont and 3M were not immediately available for comment to respond to the allegations.

Wilson recently hired former state Sen. Vincent Sheheen, a Democratic attorney from Camden, to help his office with forever chemical lawsuits involving national manufacturers DuPont and 3M.

Sheheen has previously filed suit against 3M and DuPont on behalf of a Darlington County couple whose well was polluted with the chemicals.

The couple, like others with polluted wells, live in an area where a textile plant’s waste sludge was spread on farm fields for parts of 20 years for use as a low-cost fertilizer, The State and McClatchy reported in an investigative series last month.

Sludge from the Galey and Lord plant contained PFAS, the media outlets reported.

Textile plants are among the main sources of PFAS pollution, either through direct discharges or as the suppliers of sewer sludge. State regulators continue to investigate issues at Galey and Lord, and recently have acknowledged concerns with another textile plant, Carlisle Finishing in Union County, that is upstream from Columbia’s drinking water plant. Sludge from municipal wastewater treatment plants also is a concern.

Statewide, about 3,500 sites on 80,000 acres are approved to use sludge as fertilizer, The State and McClatchy reported last month.

“Biosolids from sludge at wastewater treatment plants are often used as a soil additive at agricultural sites or in commercial products,’’ the suit says. “PFAS contamination through these pathways has greatly expanded the breadth of PFAS contamination in the state.’’

Nationally, 3M and DuPont this year have reached multi-billion dollar settlements with attorneys representing government drinking water systems across the country. Many utilities, including dozens in South Carolina, are finding PFAS in the water they treat for customers.

While it remains unclear which cities will receive part of the more than $11 billion in settlement money, the attorney general’s suit is broader and includes a focus on natural resource damages from forever chemicals, said lawyers familiar with the case.

“That’s a critical interest for the attorney general to protect,’’ Sheheen said. “We are specifically concerned about contamination in fish, shellfish and other aquatic creatures.’’

The S.C. Department of Health and Environmental Control has tested fish, but so far, has not released any data. Sheheen said he expects DHEC to find forever chemicals in the fish, crabs and shellfish it has tested as part of an investigation into PFAS. Certain types of forever chemicals can build up in fish that people eat.

Meanwhile, virtually every river tested by the S.C. Department of Health and Environmental Control has shown some level of forever chemical pollution. Those rivers feed some of the state’s largest drinking water systems, including Columbia’s. But forever chemicals also are polluting groundwater systems.

Wilson isn’t the first state attorney general to file suit against PFAS manufacturers. States such as North Carolina also have sued, although Sheheen said some of the lawsuits focus on different aspects of the forever chemical problem.

The suit contains multiple allegations about the companies’ past knowledge of PFAS hazards that were not publicly disclosed as the material was marketed.

“Despite knowing for decades that PFAS chemicals are toxic, defendants have misled the public and government regulators by consistently and publicly denying that their PFAS products presented any harm to human health or the environment,’’ the attorney general’s lawsuit says.

“By purposefully sending toxic chemicals into South Carolina while misleading the public and commercial and industrial users about their properties and known risks, the defendants have caused widespread contamination and injuries to state natural resources. (PFAS chemicals) contaminate South Carolina’s drinking water, groundwater, surface water, wildlife, soil, and sediment.”

The companies named in the lawsuit include some of the country’s most established corporations.

DuPont, founded in 1802, has been considered a leader in the manufacture of commercial polymers, and today, reports billions of dollars in revenue. 3M, in business for more than 100 years, is known for producing cellophane tape, masking tape and photo copiers. Another company named in the suit - a DuPont spinoff called Chemours -- is among the country’s top chemical manufacturers.

This story has been updated from an earlier version.