The city of Dallas has initiated legal action against major chemical companies, including 3M and DuPont, accusing them of polluting the local drinking water with harmful substances known as PFAS (per- and poly-fluoroalkyl substances).
PFAS, often referred to as “forever chemicals,” are synthetic compounds that are notorious for their durability in the environment and their potential to cause serious health issues.
The lawsuit alleges that these companies manufactured and sold PFAS, which have been utilized in a range of consumer products, from nonstick cookware to paper food packaging and various cosmetics.
Aqueous Film-Forming Foam (AFFF), a firefighting foam containing PFAS, has been a particular focus in the claims against these companies.
The city asserts that over time, the use of AFFF resulted in the release of PFAS into both the water system and surrounding soil.
Notably, many areas affected by PFAS-contaminated groundwater are located near military bases or airports, where AFFF has been routinely employed for fire suppression.
While the city’s attorney’s office and 3M have opted not to comment on the matter, this lawsuit is part of a broader multi-district litigation involving several public water providers and individuals against companies responsible for the production and sale of PFAS.
Filed in January, the city subsequently submitted an updated version of the complaint on February 28 in a District Court in Charleston, S.C.
Gale Pearson, a senior partner at the Nachawati Law Group in Dallas who is part of the plaintiffs’ executive committee on AFFF litigation, remarked, “The cat is out of the bag,” indicating that these companies can no longer refute the negative health effects associated with their products.
The momentum of this litigation appears to be gaining traction, with an increasing number of cities moving forward to safeguard their residents’ health and water supply.
In a parallel case, the nearby city of Fort Worth also filed a lawsuit against major chemical corporations and the U.S. Department of Defense, seeking $420 million for related claims.
Moreover, in December 2024, Texas Attorney General Ken Paxton filed suit against 3M and DuPont for alleged deceptive trade practices, which included failing to reveal the severe health and environmental risks posed by their PFAS products.
Paxton stated, “These companies knew for decades that PFAS chemicals could cause serious harm to human health, yet continued to advertise them as safe for household use around families and children.”
In the lawsuit, it is specified that from 1964 to 2002, the U.S. Air Force procured 3M’s AFFF for fire training and emergency response across various locations, including those impacting properties within the city of Dallas.
In a significant regulatory move, 2024 witnessed the Environmental Protection Agency (EPA) instituting its first national drinking water standards to shield communities from PFAS exposure.
With these regulations, public water systems are now mandated to monitor PFAS levels and implement appropriate measures to mitigate these chemicals in their water supply.
Importantly, the EPA asserts there is no safe exposure level for PFAS, warning that long-term contact with certain PFAS can lead to cancer and other serious health conditions.
Pearson highlighted the challenge of raising awareness about these invisible dangers, stating, “When I started to talk about this 25 years ago, no one knew what it was, and you can’t see it, smell it, or taste it.
So it’s really hard to teach people that this is a bad thing.”
Under the new EPA regulations, public water systems are granted three years to conduct initial monitoring for PFAS.
They are also required to notify the public of PFAS levels in their annual consumer confidence reports.
If PFAS levels exceed the stipulated limits, water systems have five years to implement solutions for reducing these chemicals in their drinking water.
As per the 2023 Dallas Water Utilities Department consumer report, the drinking water in Dallas currently meets the new regulatory confines; however, the details for the 2024 report remain unpublished.
In a notable settlement, 3M agreed to a $10.3 billion payout in 2023 with U.S. public water providers addressing issues tied to PFAS contamination, while DuPont and its spin-off entities, Chemours and Corteva, concurrently pledged $1.18 billion for similar claims, as reported by the Associated Press.
To offset the costs of maintaining water quality in compliance with federal standards, the city of Dallas is looking to recover expenses incurred in the long-term cleanup process for these
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