Silver Golub & Teitell Files Lawsuit for Nantucket Residents Hit by PFAS Contamination in Drinking Water

October 7, 2024

Silver Golub & Teitell has filed a class action lawsuit on behalf of private Nantucket residents whose drinking water was contaminated with “staggering” levels of toxic and carcinogenic chemicals known as PFAS.

According to the lawsuit, the contaminated groundwater stems from the use of firefighting foam in training exercises at Nantucket Memorial Airport going back to the 1960s, a spill of firefighting foam at the Nantucket Fire Station in 2022 and the subsequent dumping of contaminated waste at the island’s landfills.

The lawsuit was brought by residents of Toms Way, a street located about 800 feet from the firehouse and about 1.5 mile from the airport. Testing by the state Department of Environmental Protection in 2023 revealed that all 16 private wells on Toms Way were contaminated with PFAS, with levels ranging from 7 to 900 parts per trillion. Testing of one of the residents in 2024 showed elevated concentrations of PFAS in the blood.

“Residents were alarmed to learn that they had been consuming contaminated water for years without their knowledge,” according to the lawsuit, which seeks class action status to represent Nantucket residents who are similarly affected.

The health implications for the plaintiffs and other Nantucket residents are significant. PFAS exposure has been associated with a range of health problems, including certain cancers, thyroid disorders and developmental issues, and the U.S. Environmental Protection Agency ruled last year that there is no safe level for PFAS exposure for humans.

PFAS, also known as “forever chemicals” because of their durability in the environment, are a key component of aqueous film-forming foam (AFFF), which forms a film when sprayed on the surface of liquid fuels and is used to fight fuel fires.

The Town of Nantucket and the Nantucket Memorial airport have already filed suit against the manufacturers of PFAS and the suppliers of firefighting foams, seeking compensation for the costs of investigation and remediation of PFAS contamination in the island’s water supply. Private residents of Nantucket whose property and bodies have been contaminated have received no compensation.

According to the private residents’ lawsuit, firefighting foam was sprayed in 32 training exercises at the airport between 2011 and 2018. In addition, firefighting foam was used in training and certification exercise at the airport’s fuel farm, where jet fuel is stored, going back to 1989.

“The residents of Nantucket, and especially those who live near the firehouse and the airport, have come into contact with high levels of PFAS on a constant basis, causing substantially elevated health risks, as well as property damage and diminished property values,” said Silver Golub & Teitell partner Ian Sloss, who represents the private residents along with counsel John Seredynski and associates Krystyna Gancoss and Kate Sayed.

The lawsuit names manufacturers and suppliers including 3M Corp., Angus International Safety Group, Amerex Corp., Buckeye Fire Equipment Co., Carrier Global Corp., Chemguard Inc., Johnson Controls International PLC, Kidde-Fenwal Inc, National Foam Inc, Tyco Fire, DuPont de Nemours Inc., Archroma U.S. Inc., Chemicals Inc., Clariant Corp. and others as defendants.

The private residents’ lawsuit, Margaret Ruley et al. v. The 3M Company et al., No. 1:24-cv-12564, was filed in the U.S. District Court for the District of Massachusetts.

Perfluorinated Alkylated Substances (PFAS) are artificial chemicals that have been used in manufacturing plastics, metal coatings, clothing, furniture, adhesives and other products. They are soluble in water and persist in the environment for a long time, earning them the nickname “forever chemicals.” Scientific studies have associated exposure to the chemicals with decreased fertility, low birth weight, developmental delays in children, increased risk of prostate, kidney and testicular cancer, and other adverse effects on human health.

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