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Indiana Attorney General files lawsuit in Shelby County targeting PFAS manufacturers

Indiana Attorney General Todd Rokita is going after companies manufacturing “forever chemicals” that are damaging natural resources with a lawsuit filed Wednesday in Shelby County.

“Our mission is to make sure that those who knew, particularly the companies involved that doubled down on the spread of these harmful chemicals, pay back through remediation, clean up and educating every day Hoosiers about the products they were handling,” said Rokita during a press conference Wednesday at the Shelby County Annex Building that was broadcast live on Facebook.

The case is centered on high levels of perfluoroalkyl and polyfluoroalkyl chemical substances referred to as PFAS which contaminate and never deteriorate.

“These pervasive substances are referred to as ‘forever chemicals.’ They resist grease, oil, water and heat, meaning they never break down and their toxicity remains with us basically forever,” said Rokita.

The lawsuit focuses on companies that knew the health risks of the substances to residents throughout the state of Indiana.

The companies listed as defendants in the lawsuit include:

  • 3M Company
  • AGC Chemicals Americas, Inc.
  • Archroma U.S. Inc.
  • Arkema Inc.
  • BASF Corporation
  • Buckeye Fire Equipment Company
  • Carrier Fire and Security Corporation
  • Carrier Fire and Security Americas Corporation
  • Carrier Global Corporation
  • ChemDesign Products, Inc.
  • Chemguard, Inc.
  • Clariant Corporation
  • Corteva, Inc.
  • DuPont de Nemours, Inc.
  • Dynax Corporation
  • EIDP, Inc.
  • The Chemours Company
  • Kidde-Fenwal Inc.
  • Kiddie Limited
  • National Foam, Inc.
  • United Technologies Corporation
  • Tyco Fire Products
  • ABC Corporations 1-10

Rokita stated the case was not specific to Shelby County or Shelbyville but did have a local site tested by IDEM that resulted in the detection of PFAS.

“The case focuses on manufacturers who knew they were dealing with toxic chemicals,” said Rokita. “This does not affect farmers or landowners and it does not hold them liable for any contamination on their property. This lawsuit does not involve manufacturers of products, appliances or utensils that may have had PFAS in them. This lawsuit concerns the manufacturers of the chemicals themselves.”

 

 

The filing of the lawsuit is only the first step in a process and will not result in immediate remediation. The lawsuit, according to Rokita, could eventually join federal lawsuits.

In a 2022 investigation at the Shelbyville Army Aviation Support Facility where PFAS contamination was found believes it was likely caused by Aqueous Film Forming Foam, otherwise known as AFFF, a product used for firefighting training and emergency response. The foam is a fire suppression product that may cause cancer and other health issues.

According to a display at the press conference (photo), tests at the Shelbyville facility revealed contaminant levels were 670,000 estimated times higher than proposed federal maximums.

“For decades, companies have deceived regular every day Hoosiers and hid the research showing that their products were in fact extremely dangerous and they did it while making millions of dollars in profits,” said Rokita.

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