The ongoing firefighting foam lawsuit has opened a can of worms for environmental agencies and industries struggling to phase out the toxic chemicals due to AFFF exposure.
From drinking water to household items to the air we breathe, there’s no escaping the toxic legacy PFAS ((per- and polyfluoroalkyl substances) has created.
Firefighters in the U.S. have borne the brunt of exposure to the forever chemicals found in AFFF (Aqueous Film Forming Foam) firefighting foam. But their fight for justice may have come too late. As it stands, there are more than 9,000 filings within the federal AFFF firefighting foam MDL.
Mounting Evidence
And the evidence stacked up against AFFF firefighting foam manufacturers keeps on growing. Exposure to AFFF foam has led to higher risks of kidney cancer, thyroid cancer and other adverse health issues among firefighters and military personnel.
A recent study published in Environmental and Molecular Mutagenesis found that firefighters diagnosed with prostate cancer are 1.21 times higher than the general population. Researchers said the possible causes were exposure to smoke and film-forming foam AFFF.
The study and others like it have been mentioned in the AFFF lawsuit. Targeted industries are doing their best to phase out the legacy chemicals, but it’s proving harder than initially thought.
Below, we’ll discuss the difficulties encountered in ridding of toxic firefighting foam.
Market Share
According to Markets And Markets, the global firefighting foam sector is predicted to be worth $913 million by 2026.
The publication stated the major driver for the market is the increasing use of environmentally friendly products.
However, the demand for AFFF firefighting foam remains high in the oil and gas industries. They were the main consumers of the toxic foam in 2020.
Considering the first major class action lawsuit was filed in 2018, manufacturers were well aware of the dangers. TruLaw says notable defendants are 3M, National Foam and DuPont.
A Costly Exercise
The Department of Defense (DOD) has taken steps to phase out AFFF foam but challenges remain.
According to The Maritime Executive, the Pentagon is expected to cough up $5 billion to clean up Navy sites previously contaminated with AFFF firefighting foam. Experts speculate the cost can increase by 10-fold.
There are other factors to consider. For one, the DOD has struggled to find a reasonable replacement. It said there were several compatibility issues with qualified fluorine-free foams, mainly the inability to withstand extreme temperatures.
Then there’s the price of fully eliminating the toxic foam at DOD sites. A Government Accountability Office (GAO) report showed that the transition to a PFAS-free product could amount to $2.1 billion.
The DOD also mentioned that staff aren’t fully trained to use a replacement foam which differs from AFFF.
In February this year, the department requested a waiver from its October 1, 2024 deadline. It asked Congress to extend the deadline to October 1, 2026, to allow the use of AFFF at some of its sites.
PFAS Largely Unregulated
Eliminating PFAS from industries that rely on firefighting foam isn’t a straightforward task.
Found in everyday products, the forever chemicals have contaminated drinking water since becoming commercially available. Citing a recent study from the Environmental Science & Technology journal, PBS noted the effects of the chemicals cannot be reversed without expensive, advanced intervention.
To add salt to an already open environmental wound, PFAS researcher Professor Graham Peaslee tells the publication that the next generation will have to deal with the legacy of forever chemicals.
While the Environmental Protection Agency (EPA) has issued two drinking water health advisories for PFOA and PFOS, they can’t do more than that. PBS says PFAS are largely unregulated. There are no laws to stop manufacturers from using the chemicals in their supply chains.
The good news is that various states in the U.S. have taken to instituting PFAS removal into their federal laws, one of them being Minnesota.
TCB reported that the state’s pollution control agency released a draft wastewater permit for 3M’s Cottage Grove plant. It requires PFAS to be at levels below detection. The permit marks the first time numeric limits for PFAS have been included in such licenses.
How could a substance intended to extinguish fires cause so much destruction? It’s a legacy that will haunt humanity and the environment for a very long time. The clock is ticking unless we come up with viable solutions.
For the thousands of plaintiffs in the AFFF firefighting foam lawsuits, those solutions may come too late.