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One of New York's senators is proposing federal legislation that would make it easier for residents in Mayville to file lawsuits against manufacturers who ruined the village's water supply.
During a virtual press conference Thursday, U.S. Sen. Kirstin Gillibrand announced her PFAS Accountability Act. The proposed legislation would make it easier for victims of significant PFAS contamination to sue PFAS manufacturers and to be awarded medical monitoring for early detection and treatment of diseases associated with PFAS exposure.
"PFAS are dangerous, carcinogenic substances and the companies that knowingly manufactured them for years must be held accountable," Gillibrand said. "My PFAS Accountability Act would help ensure that people who were or are being exposed to high levels of PFAS have legal recourse. And because PFAS-related illnesses can take years to develop, this bill also makes sure that victims can receive long-term medical monitoring as part of their remedies. I'm determined to get it passed."
Specifically, the legislation would:
-- Establish a cause of action under the Toxic Substances Control Act for those who have been significantly exposed to PFAS against manufacturers. An individual would be considered significantly exposed if they: demonstrate that they were present in an area where PFAS was released for at least 1 year; or get blood testing done that demonstrates PFAS exposure.
-- Make it easier for courts to award medical monitoring for victims of significant PFAS exposure: A court would be able to award medical monitoring if, as a result of significant exposure, the individual or class has suffered an increased risk of developing a disease associated with exposure to PFAS and there is a reasonable basis for the individual or class to undergo periodic medical monitoring for diseases associated with PFAS exposure. Medical monitoring programs for victims of hazardous exposures are used for early detection and treatment of adverse health conditions related to the exposure.
-- Incentivize industries to fund PFAS safety research. A court would be permitted to order new or additional epidemiological, toxicological, or other studies or investigations of new PFAS as part of a medical monitoring remedy.
During the video conference, Gillibrand highlighted how she has heard from residents in Hoosick Falls and Petersburgh about the dangerous levels of PFAS in the municipal water.
In Hoosick Falls, Saint-Gobain Performance Plastics and Honeywell manufacturing plant was accused of generating PFAS waste as it made teflon. In Petersburgh, Taconic Plastics, a manufacturer was accused of generating PFOA waste and releasing it into the town and its environs, including the water system. PFOA in liquid solutions was heated and vaporized. Smokestacks let the vapor escape and be carried via wind into the nearby community.
In Mayville, firefighting foam that was used during a training exercise at the former Mayville Central School building had PFNA in it, which seeped into the village's water system. In late 2020, the Chautauqua County Health Department issued a "do not drink" order. Mayville ended up putting in a new well and also put in a filtering system for two of its wells that were contaminated.
The village has joined in a class action lawsuit against the manufacturer of the foam, but the issue has yet to be resolved.
Gillibrand said her proposed legislation isn't for municipalities; instead it's aimed for people who live in affected municipalities to be able to join together or independently file a lawsuit against the manufacturer of the foam.
Gillibrand did say municipalities may be able to file a lawsuit on behalf of residents. "Entities can step in on behalf of plaintiffs to do the lawsuit, so you can sue together or you can sue individually. ... You would probably file a class-action to be honest. You get a lawyer to file a class-action for all the residents," she said.
Gillibrand noted there is already a law in place where a polluter must pay for any chemical that is introduced to the environment that is unsafe. "This bill just creates specific guidance for PFAS because there wasn't perceived to be a right of action," she said.
In Mayville, officials there have said in the past that they're not sure if and when they will see any money from the lawsuit that has been filed, in part because of possible bankruptcy filings.
Gillibrand said she believes eventually places like Mayville and affected residents will see funds. "I don't think all of these companies are going to go bankrupt. I think they have insurance and they can pay people that their chemicals have harmed. I wouldn't believe a company that says they're going to go bankrupt. They might want to go bankrupt to be released from their liabilities but they're going to have to pay out as part of that bankruptcy regardless," she said.
She also encourages residents to have patience once a suit is filed. "They tend to take a long time because lawyers lawyer up and they pursue every dilatory tactic possible so they can pay in the future and not presently," she said. a Representative Madeleine Dean (D-PA) leads this bill in the House.