Earth Protect Blog

By Conrad Swanson

The Denver Post

Colorado Attorney General Phil Weiser on Wednesday sued companies that produce PFAS, or “forever chemicals,” which are linked to cancer and birth defects and likely seeping into hundreds of water sources across the state.

Weiser filed the lawsuit in state District Court in Denver against chemical production giants including DuPont, Corteva and Chemguard.

“Too many companies, for too long, continue to push out the chemicals,” Weiser told The Denver Post.

“Certain water sources are now compromised and we are going to hold them accountable.”

Because of Colorado’s ongoing drought and dwindling water supply, Weiser said it’s all the more important to protect the quality of water the state does have. The extent of the damage caused by the PFAS, or perfluoroalkyl and polyfluoroalkyl substances, is not yet clear, so the amount of money required to clean contaminated sites is also unclear, he said.

Companies producing, using and discharging the chemicals knew how dangerous they were but swept that information “under the rug,” Weiser said.

“As a result we’re now dealing with this problem,” he said. “It’s now worse than it would have been” and the companies behind the chemicals should pay for the damage they caused.

PFAS are human-made, nonstick substances that are also waterproof and stain-resistant used in a wide variety of products like cookware, cleaning products, clothing, upholstery and firefighting foam. The compounds are linked to cancer, birth defects, weakened immunity and kidney problems.

The toxic chemicals have contaminated groundwater at the Air Force Academy, an aquifer in southern El Paso County, the Gazette has reported. And a study released last year by the Environmental Working Group showed that they are used and discharged into water at 501 sites in Colorado and nearly 30,000 sites across the country.

Weiser’s lawsuit accuses the companies and subsidiaries, 15 in all, of negligence, public nuisance, trespassing and unjust enrichment. It also accuses DuPont, Chemours and Corteva of violating the Colorado Uniform Fraudulent Transfer Act.

The lawsuit is asking for damages, that the defendants be ordered to investigate, restore and monitor contaminated sites and for restitution in an amount to be determined at a trial.

The sources of PFAS across the country could be sewage treatment plants, landfills, petroleum facilities, factories and more. Colorado has more than twice the number of sites known to make, use or discharge the chemicals than each of the other seven Rocky Mountain states.

Colorado’s Department of Public Health and Environment is currently working to find out how widespread the contamination is across the state, Weiser said. Conrad Swanson: 303-954-1739, This email address is being protected from spambots. You need JavaScript enabled to view it. or @conrad_swanson