Michigan AG Filed Lawsuits against Manufacturers of PFAS-Containing Firefighting Foam

AUGUST 20, 2020

Michigan Attorney General Dana Nessel filed two lawsuits—one state and one federal—against manufacturers of aqueous film forming foam (AFFF), a type of firefighting foam that contains per- and polyfluoroalkyl substances (PFAS). The state lawsuit focused on manufacturers of commercial-grade AFFF; the federal lawsuit focused on manufacturers of military-grade AFFF. Both lawsuits sought “to recover the funds and resources necessary for Michigan to continue identifying, monitoring, and remediating AFFF-PFAS contamination,” and alleged that the manufacturers continued to produce and sell AFFF despite being aware of the dangers that PFAS posed to the state’s natural resources and to human health, and in some cases actively participated in the use of AFFF in ways that they knew would cause contamination.