Dane County is pursuing a lawsuit against the makers of PFAS, also known as “forever chemicals,” lingering in the soil and water near the Dane County Regional Airport.
A resolution introduced at Thursday’s County Board meeting allows Dane County’s counsel to join class-action litigation against the producers of PFAS, a toxic chemical.
County Executive Joe Parisi believes that this lawsuit will assure that the financial responsibilities from the toxic waste cleanup will be placed on the chemical producers, not taxpayers.
“The Dane County Regional Airport faces substantial costs to investigate and remediate PFAS impacts,” Parisi said in a press release. “PFAS manufacturers made millions selling these products and we owe it to the taxpayers of Dane County to make sure they aren’t forced to pay for cleaning up the contamination. Too often big corporations make huge profits and then walk away when a problem is discovered, leaving taxpayers stuck with the clean-up bills.”
PFAS, or Per and Polyfluoroalkyl Substances, are widely used, long-lasting chemicals that break down slowly over time. Both the U.S. Environmental Protection Agency (EPA) and the Wisconsin Department of Natural Resources (DNR) identify PFAS as emergency contaminants.
PFAS can be found in everyday products such as clothing, food packaging and cookware. Firefighting foam used for training and emergency situations is the source of PFAS found in the soil and water near Dane County Regional Airport.
Besides environmental harm, PFAS have been linked to adverse health conditions including kidney and testicular cancer, low birth rates and harm to the reproductive and immune systems.
The Department of Natural Resources holds Dane County, the Wisconsin National Guard and the city of Madison responsible for PFAS contamination on and around the base. Chemicals from the firefighting foam have also contaminated a well near the airport as well as Starkweather Creek and Lake Monona, resulting in fish consumption advisories.
The National Guard Bureau is conducting cleanup under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), but actual cleanup may not begin for at least a decade, according to The Wisconsin State Journal.
Dane County will select an outside legal firm on a contingency basis, avoiding upfront costs and joining a national, multi-city litigation process for PFAS manufacture accountability.
“Dane County joining a multi-jurisdictional litigation process to hold PFAS manufacturers liable for contamination would be similar to the action taken by the county against opioid manufacturers,” the press release said.
Other Wisconsin cities and airports face similar PFAS contamination challenges. La Crosse sued nearly two dozen chemical companies, claiming that they failed to warn of the damaging effects their chemicals could potentially cause.
