BALTIMORE – Maryland officials have filed suit against WL Gore & Associates, the manufacturer of Gore-Tex, alleging that at least 13 of the company’s 14 facilities in Cecil County have damaged the environment, including soil, air and groundwater contaminated with ‘forever chemicals’. for about 50 years.
The Maryland lawsuit, filed Wednesday in the U.S. District Court of Maryland, also alleges that the Delaware-based company knew about the danger of the chemicals, called PFAS, for decades but “hid that information from the state and the audience.”
Following lawsuits from community members in the Elkton area in 2022 and 2023, Gore was placed under state supervision. The company has launched its own investigation into the extent of the contamination.
But in the lawsuit, MDE states that Gore’s efforts so far have been “limited.”
“This investigation comes decades after Gore became aware of the potential risks,” the complaint reads. “Additionally, Gore has not fully delineated the extent of that contamination and concluded that some locations do not warrant it each PFAS sampling.”
In a statement, Gore spokesperson Amy Calhoun said the company denies the allegations in the lawsuit and is “surprised by the Maryland Attorney General’s decision to pursue legal action, especially in light of our proactive and intensive engagement with state regulators in the past two years. years.”
“Just this morning, we submitted a detailed testing report for our Cherry Hill facility to the state, summarizing nearly two years of extensive groundwater research,” Calhoun said. “This demonstrates Gore’s continued, proactive engagement with Maryland regulators since learning about the presence of PFOA in the groundwater near our Cherry Hill facility two years ago.”
According to a company page called Gore Forward, Gore has hired independent environmental consulting firm Arcadis to assess the contamination. Gore is “actively assessing potential impacts at four locations,” the site said, including installing and sampling groundwater wells.
The company has also compensated some residents within a certain radius by providing bottled water, paying for home drinking water purification systems and connecting some homes to public drinking water.
Many area residents rely on wells and saw levels of dangerous PFAS above national drinking water limits, according to private and state testing previously reviewed by The Sun as part of an investigation in February.
The complaint indicates the contamination is more widespread than initially thought, impacting Gore’s facilities in Cherry Hill, Fair Hill, Appleton, Elk Creek, Elk Mills and Lovett. All facilities in the Elkton area are within 10 miles of each other.
What are PFAS and how does WL Gore use them?
To make Gore-Tex and other products, Gore uses a PFAS compound called expanded PTFE. For years, that compound was manufactured using a harmful chemical called PFOA, which is now one of the most heavily regulated PFAS due to its known links to health problems, including cancer.
PFOA was removed from Gore-Tex in 2014. In recent years, under the scrutiny of regulators and advocates, the company has gone a step further and released a PFAS-free version of its famous waterproof membrane.
Man-made compounds like PFOA have been nicknamed “forever chemicals” because their heat- and water-resistant properties mean they don’t easily break down once they enter the air, soil and water.
There are a wide variety of consumer products made with PFAS, from nonstick cookware to firefighting foam and carpets.
The class includes thousands of chemicals, and several have been linked to health effects. Earlier this year, the Environmental Protection Agency established drinking water limits for several PFAS, including PFOA, that apply to public water treatment plants.
The agency also listed PFOA as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, which gives the federal government more authority to regulate the substance and conduct cleanups.
What does Maryland want from the WL Gore lawsuit?
Wednesday’s lawsuit argues that Gore, a private company that reports billions in annual revenue, should be held financially responsible for the costs of investigating its sites, as well as any PFAS remediation activities and environmental restoration.
“Most critically, PFAS contamination of ground and surface water is impacting the state’s drinking water sources. Gore is liable for all costs necessary to investigate and treat in perpetuity all drinking water sources and sources of drinking water adversely affected by the PFAS,” the complaint states.
Gore should also pay damages to the state, the lawsuit argues, “to compensate the residents of the state for the lost use and value of its natural resources during all times of harm caused by PFAS.”
In a statement, Maryland Secretary of the Environment Serena McIlwain said: “While we appreciate Gore’s limited research to determine the extent of PFAS contamination around its facilities, much more needs to be done to protect community and health of residents.”
“We must remove these chemicals from our natural resources forever, and we expect responsible parties to pay for this cleanup,” McIlwain wrote.
The complaint was filed by the Maryland Attorney General’s Office on behalf of the Maryland Department of the Environment. Attorney General Anthony Brown said in a statement that his office “will not tolerate companies that put profits ahead of the health and safety of Maryland families.”
Wednesday’s state action was applauded by attorneys Philip Federico and Chase Brockstedt, who represent Elkton residents who previously filed suit over the contamination. Since their filing, the attorneys said their teams have found that PFAS contamination in community water is “even more widespread than initial data suggested.
“As first alleged in 2022 by our clients, WL Gore & Associates has a long history of polluting the environment and prioritizing profit over the health of the communities in which it operates,” the statement said. lawyers. “On behalf of our clients, we will continue to work with the State to end this contamination and obtain justice.”
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