Dane County is suing the makers of firefighting foams containing toxic “forever chemicals” in an effort to recover the costs of cleaning up pollution around the Madison airport.
A lawsuit filed last week in Dane County Circuit Court seeks unspecified damages from dozens of companies — including DuPont, 3M and Johnson Controls as well as unknown manufacturers — that the county says sold products for decades despite knowing the contents were toxic and do not break down once released to the environment.
Assistant Corporation Counsel Amy Tutwiler said the county is prepared to pursue the case individually in state court, though the defendants may try to move the case to the federal courts and consolidate it with about 500 similar cases — including one filed last year by the city of La Crosse — in pending multijurisdictional litigation.
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“Under either scenario, we are prepared to take the action that is in the best interest of the county,” Tutwiler said.
According to the complaint, the defendants began selling a water-based foam in the 1960s known as AFFF made with PFOA and PFOS, two of thousands of fluorinated compounds generally known as PFAS.
The resulting map of noise-exposure levels will help determine eligibility for federally funded noise-mitigation efforts.
Highly effective for extinguishing liquid fuel fires, the foam continues to be used at airports and military bases, though the complaint claims AFFF can be made with different PFAS compounds.
The suit claims the defendants knew — or should have known — since the early 1980s that using AFFF according to their instructions would release PFAS to the air, soil and groundwater and that the chemicals could damage the liver, kidneys and nervous system, among other negative health effects.
Under pressure from the Environmental Protection Agency, 3M stopped producing PFOS-based foam in 2002.
DuPont began studying the toxicity of PFOA in the 1960s but kept the information from the public and government regulators. In 2005 the company agreed to pay the EPA more than $10 million for failing to communicate the risks. DuPont later spun off its chemical division — and associated liabilities — as a new company called Chemours.
The lawsuit alleges the manufacturers produced defective products and failed to warn consumers and the public of their dangers, creating public and private nuisances that persist to this day.
Because of the manufacturers’ failures, the suit alleges the airport continues to be contaminated, creating an environmental hazard and forcing the county to investigate, monitor, and clean up the damage “at significant expense.”
It’s been four years since the state Department of Natural Resources informed the county, Wisconsin National Guard and the city of Madison that they were responsible for PFAS contamination on and around the airport, including several “burn pits” where firefighters trained with the toxic foam.
The National Guard Bureau is heading the remediation using a federal process under which actual cleanup may not begin for at least a decade.
But last month a Waukesha County judge said the DNR lacks authority to enforce the state’s spills law without first going through the Legislature to establish a definitive list of hazardous substances or an explanation of how it makes those determinations.
The ruling is on hold until June 6 and will likely be appealed.
Last year the state retained a private law firm to investigate and sue those responsible for PFAS pollution. In March, the state sued Johnson Controls over PFAS contamination near Marinette.
Art of the Everyday: A recap of March in photos from Wisconsin State Journal photographers

With the warmest temperatures of the year taking hold in the area, a walker enjoys the day’s spring-like weather during a walk along the shoreline of Lake Michigan in Milwaukee, Wis., Wednesday, March 16, 2022. JOHN HART, STATE JOURNAL

Yvette Pino, of Madison, Army veteran and curator of veteran art at the Wisconsin Veterans Museum, does printmaking demonstrations from the window of the museum on Capitol Square in Madison, Wis., Wednesday, March 16, 2022. The event is part of Southern Graphics Council International (SGCI) annual conference with printmaking demonstrations continuing Friday and Saturday from 10 a.m. to 4 p.m., and an exhibit "Wisconsin Was There: Sharing the Legacies of Printmakers Who Served in the Military" that displays prints by veterans with a connection to Wisconsin. AMBER ARNOLD, STATE JOURNAL

Odin, a 5-month-old puppy, looks inside while playing at Duncan's Dog Daycare in Madison, Wis., Monday, March 21, 2022. KAYLA WOLF, STATE JOURNAL

Sam Koblenski, right, holds an umbrella for his son Ian as he photographs fog over Lake Monona at Monona Terrace in Madison, Wis., Wednesday, March 30, 2022. The duo was out photographing Frank Lloyd Wright architecture throughout Madison as a spring break homework assignment. KAYLA WOLF, STATE JOURNAL

John Berner, a preparator at the Chazen Museum of Art on the campus of UW-Madison, installs elements of “Suspended Landscapes,” a large-scale fabric piece by Toronto-based artist Amanda McCavour in the museum’s Paige Court in Madison, Wis., Wednesday, March 2, 2022. Commemorating the museum’s 50th anniversary, the machine embroidered and stitched work incorporates native plant specimens held in the campus’ Wisconsin State Herbarium. The site-specific piece is comprised of 60 semi-transparent panels and will remain on display through mid-September. JOHN HART, STATE JOURNAL

Callie Stanley makes her way across an obstacle at the Madison College Challenge Course in Madison, Wis., Monday, March 21, 2022. The Craig High School softball team from Janesville was using the Challenge Course as a team building activity prior to the beginning of the season. KAYLA WOLF, STATE JOURNAL

Sunny skies and warmer temperatures encourage shorts and t-shirts from students with UW-Madison as they dodge sloppy conditions during a training run along Vilas Drive in Madison, Wis., Monday, Feb. 28, 2022. JOHN HART, STATE JOURNAL

Eluding a light rain shower under the cover of an umbrella, Jane Kroesen of Tucson, Ariz. walks along Century Ave. in Middleton, Wis., Tuesday, March 22, 2022. In the area to visit family, Kroesen said she was actually enjoying the conditions, as rain is infrequent in the desert southwest. JOHN HART, STATE JOURNAL

A pedestrian is silhouetted by a neon wall at the central branch of the Madison Public Library in Madison, Wis., Wednesday, March 23, 2022. KAYLA WOLF, STATE JOURNAL

Mel Chin talks about his spider sculpture titled "Cabinet of Craving" at his exhibition "Mel Chin: There's Something Happening Here" at Madison Museum of Contemporary Art in Madison, Wis., Thursday, March 17, 2022. AMBER ARNOLD, STATE JOURNAL

John Jaeggi, of Brooklyn, Wisconsin, left, and Roland Sahli, of Switzerland, judge rindless swiss during the World Championship Cheese Contest at Monona Terrace in Madison, Wis., Tuesday, March 1, 2022. AMBER ARNOLD, STATE JOURNAL

Scott Amera, with his 1-year-old granddaughter, Ellie Amera, walk out of a barn that was damaged on his son and daughter-in-law's farm from a tornado that touched down Saturday night on Leslie Road in the town of Dunkirk, Wis., Tuesday, March 8, 2022. AMBER ARNOLD, STATE JOURNAL

Jennifer Angus, an insect artist and professor in Design Studies at the University of Wisconsin-Madison talks about her exhibit "Jennifer Angus: A is for Apple, B is for Bug, C is for Cicada" at the Wyoming Valley School Cultural Arts Center in Spring Green, Wis., Thursday, March 24, 2022. AMBER ARNOLD, STATE JOURNAL

Epic employees move into the new Mystery Building on the Storybook Campus in Verona, Wis., Wednesday, March 23, 2022. AMBER ARNOLD, STATE JOURNAL

Kristina Whisenhunt, top, and Becky Rabensdorf use the German wheel at Madison Circus Space in Madison, Wis., Friday, March 11, 2022. AMBER ARNOLD, STATE JOURNAL

Middleton Co-op's Maddy Ahlborn (11) hits the net as teammate Rachel Jasinski (12) attempts to score against D.C. Everest Co-op's Dru Sabatke (23) and goalie Claire Calmes (31) in the second period of a WIAA girls hockey state semifinal game at Alliant Energy Center in Madison, Wis., Thursday, March 3, 2022. AMBER ARNOLD, STATE JOURNAL

Wisconsin's guard Brad Davison (34) deflects a pass intended for Iowa State's forward Aljaz Kunc (5) during the second half of Wisconsin’s 54-49 second round loss in the 2022 NCAA Division 1 men’s basketball tournament in Milwaukee, Wis., Sunday, March 20, 2022. JOHN HART, STATE JOURNAL

Gibraltar High School's Dex Tishler (30) battles against Randolph defenders for the ball during a WIAA Division 5 boys basketball state tournament semifinal at the Kohl Center in Madison, Wis., Friday, March 18, 2022. KAYLA WOLF, STATE JOURNAL

Hudson's Brecken Meyer gets tangled up fighting for the puck against Edgewood's Paul Sergenian, 7, and J.J. Wiebusch, 6, during the third period of the Division 1 State Boys Hockey Championship game at the Alliant Energy Center in Madison, Wis., Saturday, March 5, 2022. KAYLA WOLF, STATE JOURNAL

Wisconsin's center Chris Vogt (33) falls into a row of photographers during the first half of he team’s second round game of 2022 NCAA Division 1 men’s basketball tournament against Iowa State in Milwaukee, Wis., Sunday, March 20, 2022. JOHN HART, STATE JOURNAL

Randolph’s Sam Grieger, left, and teammate Travis Alvin hug as they come off the court near the end of the Division 5 WIAA boys state basketball championship game where they defeated Bangor 65-51 at the Kohl Center in Madison, Wis., Saturday, March 19, 2022. AMBER ARNOLD, STATE JOURNAL

Wisconsin guard Chucky Hepburn (23) is embraced by teammates Chris Vogt, left, and Ben Carlson following the Badger's 70-67 win over Purdue at the Kohl Center in Madison, Wis., Tuesday, March 1, 2022. KAYLA WOLF, STATE JOURNAL

Westosha Central's Kenny Garth turns to present the sectional plaque to the student section following their 79-48 win over Oregon during a WIAA Division 2 boys basketball sectional final at Watertown High School in Watertown, Wis., Saturday, March 12, 2022. KAYLA WOLF, STATE JOURNAL

Madison Edgewood fans cheer as the team is introduced prior to their WIAA Division 1 state semifinal hockey game against Notre Dame de la Baie Academy at the Alliant Energy Center in Madison, Wis., Friday, March 4, 2022. JOHN HART, STATE JOURNAL

Hudson's Zach Kochendorfer, center, celebrates the team's victory over Edgewood in the Division 1 State Boys Hockey Championship game at the Alliant Energy Center in Madison, Wis., Saturday, March 5, 2022. KAYLA WOLF, STATE JOURNAL

The final three participants of the 2022 Badger State Spelling Bee, Maadhav Karun, left, Maya Jadhav, center, and Aiden Wijeyakulasuriya, right, compete during the event at the Mitby Theater on the campus of Madison College in Madison, Wis., Saturday, March 26, 2022. JOHN HART, STATE JOURNAL

Wisconsin's guard Brad Davison (34) reacts as time expires during Wisconsin’s 54-49 second round loss to Iowa State in the 2022 NCAA Division 1 men’s basketball tournament in Milwaukee, Wis., Sunday, March 20, 2022. JOHN HART, STATE JOURNAL