Alabama faces a mounting crisis as communities across the state grapple with widespread contamination of drinking water by toxic “forever chemicals” known as PFAS (per- and polyfluoroalkyl substances).
Recent lawsuits highlight the severity of this environmental disaster and the human toll it has taken on residents who unknowingly consumed contaminated water for years.
The Scope of Alabama’s PFAS Problem
The contamination in Alabama is among the most severe in the nation. Between 2005 and 2011, EPA and a group of local industries sampled PFASs in soils and water in areas where biosolids were applied.
PFOA and PFOS were detected at 110 ppt in the West Morgan-East Lawrence Water and Sewer Authority, exceeding the 70 ppt EPA chronic exposure threshold. This discovery led to a shocking advisory that affected thousands of lives.
100,000 people in north Alabama were advised not to drink water from their taps due to elevated levels of PFOA and PFOS. The affected areas stretched across multiple counties, including Morgan County, Lawrence County, Etowah County, Fort Payne, Centre, and West Point.
According to the Alabama Department of Environmental Management (ADEM), seven systems…
- West Morgan – East Lawrence Water and Sewer Authority
- Gadsden Water Works & Sewer Board
- Vinemont Anon West Point Water System (VAW)
- West Lawrence Water Co-Op
- Northeast Alabama Water District
- Southside Water Works and Sewer Board; and
- The Utilities Board of Rainbow City
…had results at or over the 70 parts per trillion (ppt) EPA health advisory level for combined PFOA/PFOS.
The Source of Contamination: 3M’s Decatur Facility
At the heart of Alabama’s PFAS crisis is the 3M manufacturing facility in Decatur. The 3M manufacturing facility in Decatur was a major producer of PFOA and PFOS until the company phased out production.
The facility’s practices have left a lasting environmental legacy that continues to affect communities today.
What makes this contamination particularly egregious is the evidence that 3M knew about the problem decades ago. Testing done by the company in 1980 found that its wastewater contained the chemicals now known as PFAS.
Although people caught and ate fish from the river, 3M didn’t make a public announcement about the presence of these chemicals in the fish or their toxicity.
The company’s disposal methods compounded the problem. To dispose of it, the company decided to spread the chemical-laden goo on local fields as fertilizer.
The practice, which was approved by Alabama’s Department of Environmental Management, went on for “approximately 20 years,” as 3M acknowledged in 2008, and ultimately affected some 5,000 acres of agricultural land.
Recent Legal Developments
Federal Court Cases and Test Sites
A significant development occurred in the multidistrict litigation (MDL) when the MDL judge selected 12 sites that would serve as test cases to determine which companies manufactured the toxic chemicals or firefighting foam responsible for the pollution.
This decision will help establish precedent for thousands of similar cases across the country.
Individual Lawsuits Surge
A group of over 50 plaintiffs from across the country has filed suit in Alabama federal court, alleging they suffered serious personal injuries due to exposure to AFFF. The lawsuit targets major chemical manufacturers including 3M, DuPont, Chemours, and Tyco.
The case highlights the complexity of these lawsuits. The case was initially filed in Alabama state court but has since been removed to federal court under the federal officer removal statute.
Tyco, one of the defendants, asserts it was manufacturing AFFF under strict specifications set by the U.S. Department of Defense and is, therefore, entitled to a government contractor defense.
The McNulty Case: A Closer Look
One particularly compelling case involves Patrick McNulty, a longtime resident of Lineville, Alabama.
According to the lawsuit filed in federal court, McNulty consumed water from the Oxford Water Works & Sewer Board that was contaminated with high levels of PFAS chemicals. In 2007, he was diagnosed with testicular cancer, requiring an orchiectomy and chemotherapy.
The lawsuit alleges that the defendants knew about the dangers of PFAS for decades but failed to warn consumers.
It states that by the 1960s, animal toxicity testing indicated various adverse health effects, and by the 1980s, manufacturers observed bioaccumulation of PFOS in workers’ bodies and birth defects in children of workers.
This type of corporate knowledge and concealment is critical in proving causation in personal injury cases.
County-Level Action
Local governments are also taking action. As reported by Beasley Allen, the lawsuit by Talladega and Shelby Counties against several chemical companies, which alleges that the companies contaminated the Coosa River water supply with toxic chemicals, including PFAS, is moving forward after a brief stay.
The lawsuit names 3M, DuPont, Daikin America, and other PFAS manufacturers who sold PFAS to carpet manufacturers (also defendants) in Alabama and Georgia.
Industrial wastewater produced by these customers contains high levels of PFAS, which resist degradation and migrate into the Coosa River, the source of Talladega and Shelby Counties’ drinking water.
Health Implications and Regulatory Response
The health consequences of PFAS exposure are severe. Studies have shown possible adverse human health effects from exposure to PFAS. These effects include various cancers, thyroid disease, liver damage, decreased fertility, and developmental issues in children.
The EPA has responded with increasingly strict guidelines. On May 19, 2016, the EPA issued lifetime health advisories for two PFAS substances, Perfluorooctanoic acid (PFOA) and Perfluorooctanesulfonic acid (PFOS).
More recently, in March of 2023, the EPA issued a proposed Maximum Contaminant Level (“MCL”) of 4 ppt for PFOS and 4 ppt for PFOA as part of a proposed PFAS National Primary Drinking Water Regulation (NPDWR).
The Human Cost
The impact on Alabama communities has been devastating. Hampton’s mother had kidney disease, and even though Hampton donated her own left kidney to her in 1997, she died of it four years later. Hampton’s grandmother and grandfather also died of kidney problems.
Her niece Shalonda has serious kidney issues, as do Shalonda’s 15-year-old twins.
These personal stories underscore the widespread nature of the contamination and its multigenerational effects on Alabama families.
When serious health conditions arise from environmental contamination, understanding the criteria for personal injury claims becomes crucial for affected families seeking justice.
Corporate Response and Future Outlook
In a significant development, 3M will stop manufacturing toxic “forever chemicals” by 2025, the company announced in a statement days before Christmas. However, as one expert noted, “The cat’s kind of out of the bag,” Anderson said.
“You know, all this stuff is here now. If they quit making it today, that’ll be good for 200 years from now, but we’re still dealing with the last 50 years of manufacturing.”
Current Testing and Monitoring Efforts
ADEM continues to closely monitor the situation. In accordance with ADEM Admin. Code r. 335-7-2-.10, the Department instructed water systems to conduct PFAS monitoring at all sources that were not previously sampled during UCMR3.
The state has also received significant federal funding to address the crisis.
To date, ADEM has been allocated $32 million from the Bipartisan Infrastructure Law (BIL) to address PFAS in drinking water, in addition to the $52.6 million fromthe EPA to deal with PFAS in drinking water in small or disadvantaged communities.
What This Means for Alabama Residents
For those who have been exposed to PFAS-contaminated water, the path forward involves both immediate health concerns and potential legal remedies.
The ongoing lawsuits demonstrate that affected individuals and communities are seeking accountability from the companies responsible for this contamination.
The litigation landscape continues to evolve, with nearly 9,000 pending cases grouped together involving claims of contamination connected to firefighting foam.
These cases represent just the tip of the iceberg as more communities discover contamination and more individuals connect their health problems to PFAS exposure.
Looking Ahead
The PFAS contamination crisis in Alabama represents a critical intersection of environmental justice, public health, and corporate accountability. While the cessation of PFAS production is a positive step, the legacy of decades of contamination will require sustained effort, significant resources, and continued legal pressure to address.
For Alabama residents, particularly those in affected areas, staying informed about water quality testing results and potential health impacts remains crucial. The ongoing legal battles may provide both compensation for those harmed and the financial resources necessary for long-term remediation efforts.
As these cases progress through the courts, they will likely set important precedents for how communities across the nation address PFAS contamination. Alabama’s experience serves as both a warning and a roadmap for other states grappling with similar challenges.
The fight against PFAS contamination in Alabama is far from over, but the growing awareness, regulatory action, and legal accountability offer hope for affected communities seeking justice and clean water for future generations.
Frequently Asked Questions About PFAS Contamination in Alabama
What are PFAS chemicals?
PFAS (per- and polyfluoroalkyl substances) are man-made chemicals that have been used in industry and consumer products since the 1940s. They’re called “forever chemicals” because they don’t break down naturally in the environment or human body.
How do I know if my water is contaminated with PFAS?
Check with your local water utility for their latest testing results. In Alabama, ADEM has required public drinking water systems to test for PFAS.
You can also review the ADEM PFAS monitoring page for information about affected water systems.
What health problems are linked to PFAS exposure?
According to the EPA and health studies, PFAS exposure has been linked to:
- Testicular and kidney cancer.
- Liver damage.
- Decreased fertility.
- High cholesterol.
- Thyroid disease.
- Pregnancy complications.
- Developmental effects in children.
The severity and type of health effects can vary based on the level and duration of exposure, making it crucial to seek medical evaluation if you’ve been exposed to PFAS-contaminated water.
These health impacts can also lead to significant emotional trauma, which may constitute grounds for compensation as detailed in our guide on PTSD’s impact on personal injury claims.
Can I file a lawsuit if I’ve been exposed to PFAS?
If you’ve been diagnosed with certain cancers or health conditions after consuming PFAS-contaminated water, you may have grounds for a lawsuit.
Each case is unique and requires evaluation by an experienced attorney. Understanding the elements of negligence in personal injury claims is essential for building a strong case.
What types of damages can I recover in a PFAS lawsuit?
Potential damages may include:
- Medical expenses (past and future).
- Lost wages and loss of earning capacity.
- Pain and suffering.
- Emotional distress.
- Loss of consortium for spouses.
- Punitive damages in cases of egregious corporate conduct.
The specific damages available in your case will depend on your individual circumstances and the strength of evidence showing corporate misconduct.
To better understand potential compensation amounts, review typical personal injury settlement examples in Alabama.
How long do I have to file a PFAS lawsuit in Alabama?
Statutes of limitations vary depending on the type of claim and when you discovered or should have discovered your injury was related to PFAS exposure. It’s crucial to consult with an attorney as soon as possible to protect your rights.
What evidence do I need for a PFAS lawsuit?
Important evidence may include:
- Medical records showing your diagnosis.
- Water bills or records showing which water system you used.
- Testing results showing PFAS contamination in your water supply.
- Employment records if you missed work due to illness.
- Documentation of medical expenses.
An experienced attorney can help you gather and organize this evidence to build the strongest possible case for compensation. Learn more about how to make a personal injury claim and the documentation process.
Time Is Critical
With ongoing litigation and evolving legal precedents, now is the time to act. The companies responsible for PFAS contamination have significant resources and legal teams.
You need experienced advocates on your side who understand both the science and the law.
Contact Baxley Maniscalco today to schedule a consultation online. Let us help you seek the justice and compensation you deserve for the harm caused by PFAS contamination in Alabama.
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