Colorado Towns Among Latest To Take Legal Action Over PFCs

Residents living in the Fountain, Security, and Widefield, CO, areas were informed earlier this year that toxic chemicals have been entering their drinking water for decades.

Three class action lawsuits have been filed over the contaminaion so far, according to the Colorado Springs Independent: two by Denver-based Hannon Law Firm and one by Springs-based McDivitt Law Firm in partnership with New York-based Napoli Shkolnik PLLC. Both are against a number of chemical manufacturers.

The issue came to the public’s attention earlier this year when testing found concerning levels of perfluoroalkyls (PFAs) — a subset of perfluorinated chemicals (PFCs) — in 94 public water systems nationwide, including three that serve 70,000 customers locally, the Colorado Springs Independent reported.

When the results were found, it placed more pressure on the U.S. EPA to act, and in May a new health advisory lowered the level of PFCs considered potentially hazardous to 70 ppt down from 400 ppt for PFOA and 200 ppt for PFOS, according to the Colorado Springs Independent.

In this case, the cause of the contamination likely originates from the Peterson Air Force Base, the Colorado Springs Independent reported, where personnel have used Aqueous Film-Forming Foam (AFFF) to extinguish petroleum-based flames in both emergency and training situations.

The fire suppressant was originally developed in the 1960s through a partnership between the U.S. Naval Research Laboratory and 3M chemical company. Since then, other manufacturers have come up with their own formulations, used by military and municipal firefighters nationwide to save lives.

The U.S. Air Force is in the process of changing the substance that it uses to combat fires. In a press release, the Air Force labelled the replacement foam as “environmentally responsible.”

The Philadelphia Inquirer reported that other branches of the military, unfortunately, are not following the Air Force’s example.

It was late this winter when officials from the Colorado Department of Public Health and the Environment (CDPHE) became aware that higher-than-normal PFCs were in the water supplies of Security, Fountain, and Widefield according to Colorado Public Radio.

"It's important for us to study the problem and see where they're located so we spend the future dollars on the right places," says Daniel Medina, who has helped coordinate PFC research across the Air Force.

Since 2010, the Air Force has spent $137 million to study the scope of the problem. It says nearly 200 installations warrant more in-depth inspections for PFCs.

"The Air Force is committed to human health and the environment," Angelina Casarez, an Air Force spokeswoman told NPR. "We are working diligently to sample groundwater and drinking water to ensure the safety and well-being of those on and off our installations."

According to the Colorado Springs Independent, the Hannon complaints name 3M, Ansul, and National Foam as defendants. The McDivitt/Napoli Shkolnik complaint does as well, adding Angus Fire, Buckeye Fire Protection Co., and Chemguard.

The Colorado Springs Independent reported that the Investigative findings released by the Air Force Civil Engineer Center in August revealed several accidental discharges of AFFF at Peterson over the years. Other than that, the foam had been used according to the manufacturers' instructions.