Complaint,Petition: The Utilities Board Of Town Of Citronelle D/B/A SOUTH ALABAMA UTILITIES v. Agc Chemicals Americas Inc., Amerex Corporation, Arkema Inc., Archroma U.S. Inc., Basf Corporation individually and as successor in interest to Ciba Inc., Buckeye Fire Equipment Company, Chemdesign Products Inc., Chemguard Inc., Chemicals, Inc., Clariant Corporation , individually and as successor in interest to Sandoz Chemical Corporation, Deepwater Chemicals, Inc., Dynax Corporation, Nation Ford Chemical Company, Tyco Fire Products, Lp individually and as successor in interest to The Ansul Company, Doe Defendants 1-20 fictitious names whose present identities are unknown

On March 15, 2024 a Complaint,Petition was filed involving a dispute between The Utilities Board Of Town Of Citronelle D B A South Alabama Utilities, and Agc Chemicals Americas Inc., Amerex Corporation, Archroma U.S. Inc., Arkema Inc., Basf Corporation Individually And As Successor In Interest To Ciba Inc., Buckeye Fire Equipment Company, Chemdesign Products Inc., Chemguard Inc., Chemicals, Inc., Clariant Corporation , Individually And As Successor In Interest To Sandoz Chemical Corporation, Deepwater Chemicals, Inc., Doe Defendants 1-20 Fictitious Names Whose Present Identities Are Unknown, Dynax Corporation, Nation Ford Chemical Company, Tyco Fire Products, Lp Individually And As Successor In Interest To The Ansul Company, for Torts - Environmental (Water Contamination) in the District Court of Westchester County.

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SUPREME COURT OF THE STATE OF NEW YORK
WESTCHESTER COUNTY
----------------------------------------------------------------------X
THE UTILITIES BOARD OF TOWN OF CITRONELLE,
D/B/A SOUTH ALABAMA UTILITIES, Index No. _________/2024

Plaintiff, SUMMONS

-against - Trial by jury is desired in the
County of WESTCHESTER
AGC CHEMICALS AMERICAS INC., AMEREX
CORPORATION, ARKEMA INC., ARCHROMA U.S. Venue is designated pursuant to
INC., BASF CORPORATION, individually and as CPLR § 503(a) & (c) in that
successor in interest to Ciba Inc., BUCKEYE FIRE Defendant Dynax Corporation’s
EQUIPMENT COMPANY, CHEMDESIGN PRODUCTS principal place of business in this
INC., CHEMGUARD INC., CHEMICALS, INC., county.
CLARIANT CORPORATION, individually and as
successor in interest to Sandoz Chemical Corporation,
DEEPWATER CHEMICALS, INC., DYNAX
CORPORATION, NATION FORD CHEMICAL
COMPANY, and TYCO FIRE PRODUCTS, LP,
individually and as successor in interest to The Ansul
Company, and DOE DEFENDANTS 1-20, fictitious names
whose present identities are unknown,

Defendants.
----------------------------------------------------------------------X

To the above-named Defendant:

You are hereby summoned to answer the Complaint in this action, and to serve a copy of

your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of

Appearance on the Plaintiffs’ attorneys within twenty (20) days after the service of this Summons,

exclusive of the day of service, where service is made by delivery upon you personally within the

state, or, within thirty (30) days after completion of service where service is made in any other

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manner. In case of your failure to appear or answer, judgment will be taken against you by default

for the relief demanded in the Complaint.

Dated: New York, New York NAPOLI SHKOLNIK
March 15, 2024
/s/ Patrick Lanciotti
Patrick Lanciotti, Esq.
360 Lexington Avenue, 11th Fl.
New York, New York 10017
(212) 397-1000
planciotti@napolilaw.com

Attorney for Plaintiff/Plaintiffs
To:

AGC CHEMICALS AMERICAS INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801

AMEREX CORPORATION
c/o James M. Proctor II
2900 Highway 280
Suite 300
Birmingham, AL 35223

ARCHROMA U.S. INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801

ARKEMA INC.
900 First Avenue
King of Prussia, PA 19406

BASF CORPORATION
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801

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BUCKEYE FIRE EQUIPMENT COMPANY
c/o A Haon Corporate Agent, Inc.
29225 Chagrin Blvd, Suite 350
Pepper Pike, OH 44122

CHEMDESIGN PRODUCTS INC.
c/o Corporation Service Company
251 Little Falls Drive
Wilmington, New Castle, DE, 19808

CHEMGUARD INC.
c/o The Prentice-Hall Corporation System, Inc.
251 Little Falls Drive
Wilmington, New Castle, DE, 19808

CHEMICALS, INC.
c/o Ashok K. Moza
12321 Hatcherville
Baytown, TX 77520

CLARIANT CORPORATION
c/o Corporation Service Company
8040 Excelsior Drive, Suite 400
Madison, WI 53717

DEEPWATER CHEMICALS, INC.
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801

DYNAX CORPORATION
c/o Corporate Systems LLC
3500 S. Dupont Highway
Dover, DE 19901

NATION FORD CHEMICAL COMPANY
c/o John A. Dickson, IV
2300 Bank Street
Fort Mill, SC 29715

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TYCO FIRE PRODUCTS LP
c/o The Corporation Trust Company
Corporation Trust Center
1209 Orange Street
Wilmington, DE 19801

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COMPLAINT AND DEMAND
FOR JURY TRIAL
Plaintiff,
Trial by jury is desired in the
-against - County of WESTCHESTER

AGC CHEMICALS AMERICAS INC., AMEREX Venue is designated pursuant to
CORPORATION, ARKEMA INC., ARCHROMA U.S. CPLR § 503(a) & (c) in that
INC., BASF CORPORATION, individually and as Defendant Dynax Corporation’s
successor in interest to Ciba Inc., BUCKEYE FIRE principal place of business is in
EQUIPMENT COMPANY, CHEMDESIGN PRODUCTS this county.
INC., CHEMGUARD INC., CHEMICALS, INC.,
CLARIANT CORPORATION, individually and as
successor in interest to Sandoz Chemical Corporation,
DEEPWATER CHEMICALS, INC., DYNAX
CORPORATION, NATION FORD CHEMICAL
COMPANY, and TYCO FIRE PRODUCTS, LP,
individually and as successor in interest to The Ansul
Company, and DOE DEFENDANTS 1-20, fictitious names
whose present identities are unknown,

Defendants.
----------------------------------------------------------------------X

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff THE UTILITIES BOARD OF THE TOWN OF CITRONELLE, D/B/A SOUTH

ALABAMA UTILITIES (referred to throughout the Complaint as SOUTH ALABAMA

UTILITIES or “Plaintiff”), by and through its undersigned counsel, hereby files this Complaint

against Defendants, AGC CHEMICALS AMERICAS INC., AMEREX CORPORATION,

ARKEMA INC., ARCHROMA U.S. INC., BASF CORPORATION, BUCKEYE FIRE

EQUIPMENT COMPANY, CHEMDESIGN PRODUCTS INC., CHEMGUARD INC.,

CHEMICALS, INC., CLARIANT CORPORATION, DEEPWATER CHEMICALS, INC.,

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DYNAX CORPORATION, NATION FORD CHEMICAL COMPANY, and TYCO FIRE

PRODUCTS, LP, and DOE DEFENDANTS 1-20, fictitious names whose present identifies are

unknown (collectively “Defendants”) and alleges, upon information and belief, as follows:

INTRODUCTION

1. This action arises from the foreseeable contamination of groundwater by the use of

aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl

substances (“PFAS”), including perfluorooctanoic acid (“PFOA”).

2. PFOA is a fluorosurfactant that repels oil, grease, and water. PFOA, and/or its

chemical precursors, are or were components of AFFF products, which are firefighting suppressant

agents used in training and firefighting activities for fighting Class B fires. Class B fires include

fires involving hydrocarbon fuels such as petroleum or other flammable liquids.

3. PFOA is mobile, persists indefinitely in the environment, bioaccumulates in

individual organisms and humans, and biomagnifies up the food chain. PFOA is also associated

with multiple and significant adverse health effects in humans, including but not limited to kidney

cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and pregnancy-

induced hypertension.

4. At various times from the 1970s through today, Defendants designed,

manufactured, marketed, distributed, and/or sold AFFF products containing PFOA, and/or its

chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the

fluorosurfactants and/or perfluorinated chemicals (“PFCs”) contained in AFFF (collectively,

“AFFF/Component Products”).

5. Defendants designed, manufactured, marketed, distributed, and/or sold

AFFF/Component Products despite knowing that PFAS are toxic, persist indefinitely, and would

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be routinely released into the environment during fire protection, training, and response activities,

even when used as directed and intended by Defendants.

6. Since its creation in the 1970s, AFFF designed, manufactured, marketed,

distributed, and/or sold by Defendants, and/or that contained fluorosurfactants and/or PFCs

designed, manufactured, marketed, distributed, and/or sold by Defendants, was sold to the military,

fire training facilities, fire departments or airports in the area near Plaintiff’s water system, which

used it as directed and intended by Defendants, and subsequently released it into the environment

during fire protection, training, and response activities, resulting in widespread PFAS

contamination.

7. Plaintiff is an Alabama Public Utility Corporation owning and operating a drinking

water system serving approximately 39,249 residents located in and around Mobile and

Washington Counties in the Southern part of the State of Alabama.

8. Plaintiff’s system draws the drinking water it provides to customers from

groundwater wells.

9. Plaintiff has detected PFAS in its groundwater wells.

10. On information and belief, the PFAS contamination described above is a direct and

proximate result of fire protection, training, and response activities in the area near Plaintiff’s water

system, resulting in the migration of PFAS into Plaintiff’s water supply.

11. In order to ensure that it can continue to provide clean and safe water to residences,

Plaintiff has and will continue to take actions to address the above contamination of its property

and its potable water supply caused by the Defendants.

12. Such actions include but are not limited to additional testing and monitoring for

PFAS; planning, designing, purchasing, installing, and maintaining water filtration systems to

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remove these chemicals; infrastructure modifications; contingency planning; and community

outreach.

13. Due to the persistent and long-term nature of PFAS contamination, Plaintiff is

expected to suffer damages and incur the costs associated with these and other ongoing necessary

remedial actions for many years to come.

14. Through this action, Plaintiff seeks compensatory damages for the harm done to its

property and the costs associated with investigating, remediating, and monitoring its drinking

water supplies contaminated with PFAS due to the use of AFFF in the area near Plaintiff’s water

system.

JURISDICTION AND VENUE

15. Upon information and belief, this Court has personal jurisdiction over Defendants

because each of them is doing business in New York by manufacturing, distributing, producing

and marketing products, services and/or materials in this State and/or to this State.

16. At all relevant times to the Complaint, Defendants conducted business in New York

and thereby availed themselves of the legal rights in New York.

17. Defendants have had systematic and continuous commercial contacts with New

York to establish jurisdiction over them pursuant to CPLR § 302.

18. This Court has personal jurisdiction over the defendants as each of them are doing

business in New York and engage in business in New York such that it is reasonably foreseeable

that they would be subject to the jurisdiction of the courts of this State.

19. Defendant Dynax Corporation’s principal place of business is in Elmsford, NY.

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PARTIES

A. Plaintiff

20. Plaintiff is an Alabama Public Utility Corporation organized under the laws of the

State of Alabama, with its principal place of business located at 8100 Joy Street, Citronelle, AL

36522.

B. Defendants

21. The term “Defendants” refers to all Defendants named herein jointly and severally.

i. The AFFF Defendants

22. The term “AFFF Defendants” refers collectively to Defendants Amerex

Corporation, Buckeye Fire Equipment Company, Chemguard Inc., and Tyco Fire Products L.P.

23. Defendant Amerex Corporation (“Amerex”) is a corporation organized and

existing under the laws of the State of Alabama, with its principal place of business located at 7595

Gadsden Highway, Trussville, AL 35173.

24. Amerex is a manufacturer of firefighting products. Beginning in 1971, it was a

manufacturer of hand portable and wheeled extinguishers for commercial and industrial

applications.

25. In 2011, Amerex acquired Solberg Scandinavian AS, one of the largest

manufacturers of AFFF products in Europe.

26. On information and belief, beginning in 2011, Amerex designed, manufactured,

marketed distributed, and sold AFFF containing PFAS, including but not limited to PFOA.

27. Defendant Tyco Fire Products LP (“Tyco”) is a limited partnership organized

under the laws of the State of Delaware, with its principal place of business located at One Stanton

Street, Marinette, Wisconsin 54143-2542.

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28. Tyco is the successor in interest of The Ansul Company (“Ansul”), having acquired

Ansul in 1990.

29. Beginning in or around 1975, Ansul designed, manufactured, marketed, distributed,

and sold AFFF containing PFAS, including but not limited to PFOA.

30. After Tyco acquired Ansul in 1990, Tyco/Ansul continued to design, manufacture,

market, distribute, and sell AFFF products containing PFAS, including but not limited to PFOA.

31. Defendant Chemguard, Inc. (“Chemguard”) is a corporation organized under

the laws of the State of Texas, with its principal place of business located at One Stanton Street,

Marinette, Wisconsin 54143.

32. On information and belief, Chemguard designed, manufactured, marketed,

distributed, and sold AFFF products containing PFAS, including but not limited to PFOA.

33. On information and belief, Chemguard was acquired by Tyco International Ltd. in

2011.

34. On information and belief, Tyco International Ltd. later merged into its subsidiary

Tyco International plc in 2014 to change its jurisdiction of incorporation from Switzerland to

Ireland.

35. Defendant Buckeye Fire Equipment Company (“Buckeye”) is a corporation

organized under the laws of the State of Ohio, with its principal place of business located at 110

Kings Road, Kings Mountain, North Carolina 28086.

36. On information and belief, Buckeye designed, manufactured, marketed, distributed,

and sold AFFF products containing PFAS, including but not limited to PFOA.

37. On information and belief, the AFFF Defendants designed, manufactured,

marketed, distributed, and sold AFFF products containing PFOA, and/or its chemical precursors

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that were stored, handled, used, trained with, tested equipment with, otherwise discharged, and/or

disposed in the vicinity of Plaintiff’s drinking water supply.

ii. The Fluorosurfactant Defendants

38. The term “Fluorosurfactant Defendants” refers collectively to Defendants

Arkema Inc., BASF Corporation, ChemDesign Products Incorporated, Chemguard Inc.,

Deepwater Chemicals, Inc., and Dynax Corporation.

39. Defendant Arkema Inc. is a corporation organized and existing under the laws of

Pennsylvania, with its principal place of business at 900 First Avenue, King of Prussia, PA 19406.

40. Arkema Inc. develops specialty chemicals and polymers.

41. Arkema, Inc. is an operating subsidiary of Arkema France, S.A.

42. On information and belief, Arkema Inc. designed, manufactured, marketed,

distributed, and sold fluorosurfactants containing PFOA, and/or its chemical precursors for use in

AFFF products.

43. Defendant BASF Corporation (“BASF”) is a corporation organized under the

laws of the State of Delaware, with its principal place of business located at 100 Park Avenue,

Florham Park, New Jersey 07932.

44. On information and belief, BASF is the successor-in-interest to Ciba. Inc. (f/k/a

Ciba Specialty Chemicals Corporation).

45. On information and belief, Ciba Inc. designed, manufactured, marketed,

distributed, and sold fluorosurfactants containing PFOA, and/or its chemical precursors for use in

AFFF products.

46. Defendant ChemDesign Products Inc. (“ChemDesign”) is a corporation

organized under the laws of Delaware, with its principal place of business located at 2 Stanton

Street, Marinette, WI, 54143.
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47. On information and belief, ChemDesign designed, manufactured, marketed,

distributed, and sold fluorosurfactants containing PFOA, and/or its chemical precursors for use in

AFFF products.

48. Defendant Deepwater Chemicals, Inc. (“Deepwater”) is a corporation organized

under the laws of Delaware, with its principal place of business located at 196122 E County Road

40, Woodward, OK, 73801.

49. On information and belief, Deepwater Chemicals designed, manufactured,

marketed, distributed, and sold fluorosurfactants containing PFOA, and/or its chemical precursors

for use in AFFF products.

50. Defendant Dynax Corporation (“Dynax”) is a corporation organized under the

laws of the State of Delaware, with its principal place of business located at 103 Fairview Park

Drive, Elmsford, New York 10523.

51. On information and belief, Dynax entered into the AFFF market on or about 1991

and quickly became a leading global producer of fluorosurfactants and fluorochemical stabilizers

containing PFOA, and/or its chemical precursors.

52. On information and belief, Dynax designed, manufactured, marketed, distributed,

and sold fluorosurfactants and fluorochemical stabilizers containing PFOA, and/or its chemical

precursors for use in AFFF products.

53. On information and belief, Chemguard also designed, manufactured, marketed,

distributed, and sold fluorosurfactants containing PFOA, and/or its chemical precursors for use in

AFFF products.

54. On information and belief, the Fluorosurfactant Defendants designed,

manufactured, marketed, distributed, and sold fluorosurfactants containing PFOA, and/or its

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chemical precursors for use in AFFF products that were stored, handled, used, trained with, tested

equipment with, otherwise discharged, and/or disposed in the vicinity of Plaintiff’s drinking water

supply.

iii. The PFC Defendants

55. The term “PFC Defendants” refers collectively to AGC Chemicals Americas Inc.,

Archroma U.S. Inc., ChemDesign Products Inc., Chemicals, Inc., Clariant Corporation, Deepwater

Chemicals, Inc., and Nation Ford Chemical Company.

56. Defendant AGC Chemicals Americas, Inc. (“AGC”) is a corporation organized

and existing under the laws of Delaware, having its principal place of business at 55 East Uwchlan

Avenue, Suite 201, Exton, PA 19341.

57. On information and belief, AGC Chemicals Americas, Inc. was formed in 2004 and

is a subsidiary of AGC Inc., a foreign corporation organized under the laws of Japan, with its a

principal place of business in Tokyo, Japan.

58. AGC manufactures specialty chemicals. It offers glass, electronic displays, and

chemical products, including resins, water and oil repellants, greenhouse films, silica additives,

and various fluorointermediates.

59. On information and belief, AGC designed, manufactured, marketed, distributed,

and sold PFCs containing PFOA, and/or its chemical precursors for use in manufacturing the

fluorosurfactants used in AFFF products.

60. Defendant Archroma U.S., Inc. (“Archroma”) is a corporation organized and

existing under the laws of Delaware, with its a principal place of business at 5435 77 Center Drive,

Charlotte, North Carolina 28217.

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61. On information and belief, Archroma was formed in 2013 when Clariant

Corporation divested its textile chemicals, paper specialties, and emulsions business to SK Capital

Partners.

62. On information and belief, Archroma designed, manufactured, marketed,

distributed, and sold PFCs containing PFOA, and/or its chemical precursors for use in

manufacturing the fluorosurfactants used in AFFF products.

63. Defendant Chemicals, Inc. (“Chemicals, Inc.”) is a corporation organized and

existing under the laws of Texas, with its principal place of business located at 12321 Hatcherville,

Baytown, TX 77520.

64. On information and belief, Chemicals, Inc. supplied PFCs containing PFOA, and/or

its chemical precursors for use in manufacturing the fluorosurfactants used in AFFF products.

65. Defendant Clariant Corporation (“Clariant”) is a corporation organized and

existing under the laws of New York, with its principal place of business at 4000 Monroe Road,

Charlotte, North Carolina 28205.

66. On information and belief, Clariant is the successor in interest to the specialty

chemicals business of Sandoz Chemical Corporation (“Sandoz”). On information and belief,

Sandoz spun off its specialty chemicals business to form Clariant in 1995.

67. On information and belief, Clariant supplied PFCs containing PFOA, and/or its

chemical precursors for use in manufacturing the fluorosurfactants used in AFFF products.

68. Defendant Nation Ford Chemical Co. (“Nation Ford”) is a corporation

organized and existing under the laws of South Carolina, with its principal place of business

located at 2300 Banks Street, Fort Mill, SC 29715.

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69. On information and belief, Nation Ford supplied PFCs containing PFOA, and/or its

chemical precursors for use in manufacturing the fluorosurfactants used in AFFF products.

70. On information and belief, ChemDesign and Deepwater Chemicals also supplied

PFCs containing PFOA, and/or its chemical precursors for use in manufacturing the

fluorosurfactants used in AFFF products.

71. On information and belief, the PFC Defendants supplied PFCs containing PFOA,

and/or its chemical precursors for use in manufacturing the fluorosurfactants used in AFFF

products that were stored, handled, used, trained with, tested equipment with, otherwise

discharged, and/or disposed in the vicinity of Plaintiff’s drinking water supply.

iv. Doe Defendants 1-20

72. Doe Defendants 1-20 are unidentified entities or persons whose names are presently

unknown and whose actions, activities, omissions (a) may have permitted, caused and/or

contributed to the contamination of Plaintiff’s water sources or supply wells; or (b) may be

vicariously responsible for entities or persons who permitted, caused and/or contributed to the

contamination of Plaintiff’s water sources or supply wells; or (c) may be successors in interest to

entities or persons who permitted, caused and/or permitted , contributed to the contamination of

Plaintiff’s water sources or supply wells. After reasonable search and investigation to ascertain the

Doe Defendants actual names, the Doe Defendants’ actual identities are unknown to Plaintiff as

they are not linked with any of the Defendants on any public source.

73. The Doe Defendants 1-20 either in their own capacity or through a party they are

liable for: (1) designed, manufactured, marketed, distributed, and/or sold AFFF products

containing PFOA, and/or its chemical precursors, and/or designed, manufactured, marketed,

distributed, and/or sold the fluorosurfactants and/or PFCs contained in AFFF/Component

Products; or (2) used, handled, transported, stored, discharged, disposed of, designed,
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manufactured, marketed, distributed, and/or sold PFOA, and/or its chemical precursors, or other

non-AFFF products containing PFOA, and/or its chemical precursors; or (3) failed to timely

perform necessary and reasonable response and remedial measures to releases of PFOA, and/or its

chemical precursors, or other non-AFFF products containing PFOA, and/or its chemical precursors

in to the environment in which Plaintiff’s water supplies and well exist.

74. All Defendants, at all times material herein, acted by and through their respective

agents, servants, officers and employees, actual or ostensible, who then and there were acting

within the course and scope of their actual or apparent agency, authority or duties. Defendants are

liable based on such activities, directly and vicariously.

75. Defendants represent all or substantially all of the market for AFFF/Component

Products used in the vicinity of Plaintiff’s drinking water supply.

FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION

A. PFOA and Its Risk to Public Health

76. PFAS are chemical compounds containing fluorine and carbon. These substances

have been used for decades in the manufacture of, among other things, household and commercial

products that resist heat, stains, oil, and water. These substances are not naturally occurring and

must be manufactured.

77. PFOA is one of the two most widely studied types of these PFAS substances.

78. PFOA has unique properties that causes it to be: (i) mobile and persistent, meaning

that it readily spreads into the environment where it breaks down very slowly; (ii) bioaccumulative

and biomagnifying, meaning that it tends to accumulate in organisms and up the food chain; and

(iii) toxic, meaning that it poses serious health risks to humans and animals.

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79. PFOA easily dissolves in water, and thus it is mobile and easily spreads in the

environment. PFOA also readily contaminates soils and leaches from the soil into groundwater,

where it can travel significant distances.

80. PFOA is characterized by the presence of multiple carbon-fluorine bonds, which

are exceptionally strong and stable. As a result, PFOA is thermally, chemically, and biologically

stable. It resists degradation due to light, water, and biological processes.

81. Bioaccumulation occurs when an organism absorbs a substance at a rate faster than

the rate at which the substance is lost by metabolism and excretion. Biomagnification occurs when

the concentration of a substance in the tissues of organisms increases as the substance travels up

the food chain.

82. PFOA bioaccumulates/biomagnifies in numerous ways. First, it is relatively stable

once ingested, so that it bioaccumulates in individual organisms for significant periods of time.

Because of this stability, any newly ingested PFOA will be added to any PFOA already present.

In humans, PFOA remains in the body for years.

83. PFOA biomagnifies up the food chain. This occurs, for example, when humans eat

fish that have ingested PFOA.

84. The chemical structure of PFOA makes it resistant to breakdown or environmental

degradation. As a result, it is persistent when released into the environment.

85. Exposure to PFAS is toxic and poses serious health risks to humans and animals.

86. PFAS are readily absorbed after consumption or inhalation and accumulate

primarily in the bloodstream, kidney, and liver.

B. Defendants’ Manufacture and Sale of AFFF/Component Products

87. AFFF is a type of water-based foam that was first developed in the 1970s to

extinguish hydrocarbon fuel-based fires.
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88. AFFF is a Class-B firefighting foam. It is mixed with water and used to extinguish

fires that are difficult to fight, particularly those that involve petroleum or other flammable liquids.

89. AFFF is synthetically formed by combining fluorine-free hydrocarbon foaming

agents with fluorosurfactants. When mixed with water, the resulting solution produces an aqueous

film that spreads across the surface of hydrocarbon fuel. This film provides fire extinguishment

and is the source of the designation aqueous film-forming foam.

90. Beginning in the 1970s, the AFFF Defendants designed, manufactured, marketed,

distributed, and/or sold AFFF products that used fluorosurfactants containing either PFOA, or the

chemical precursors that degrade into PFOA.

91. AFFF can be made without the fluorosurfactants that contain PFOA and/or its

precursor chemicals. Fluorine-free firefighting foams, for instance, do not release PFOA and/or

its precursor chemicals into the environment.

92. AFFF that contains fluorosurfactants, however, is better at extinguishing

hydrocarbon fuel-based fires due to their surface-tension lowering properties, essentially

smothering the fire and starving it of oxygen.

93. The fluorosurfactants used in other AFFF products sold by the AFFF Defendants

were manufactured by the Fluorosurfactant Defendants through the process of telomerization.

94. The PFCs the Fluorosurfactant Defendants needed to manufacture those

fluorosurfactants contained PFOA, and/or its chemical precursors and were designed,

manufactured, marketed, distributed and/or sold by the PFC Defendants.

95. On information and belief, the PFC and Fluorosurfactant Defendants were aware

that the PFCs and fluorosurfactants they designed, manufactured, marketed, distributed, and/or

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sold would be used in the AFFF products designed, manufactured, marketed, distributed, and/or

sold by the AFFF Defendants.

96. On information and belief, the PFC and Fluorosurfactant Defendants designed,

manufactured, marketed, distributed, and/or sold the PFC and/or fluorosurfactants contained in the

AFFF products discharged into the environment during fire protection, training, and response

activities conducted in the vicinity of Plaintiff’s drinking water supply, resulting in widespread

PFAS contamination.

97. On information and belief, the AFFF Defendants designed, manufactured,

marketed, distributed, and/or sold the AFFF products discharged into the environment during fire

protection, training, and response activities conducted in the vicinity of Plaintiff’s drinking water

supply, resulting in widespread PFAS contamination.

C. Defendants’ Knowledge of the Threats to Public Health and the Environment
Posed by PFOA

98. On information and belief, by at least the 1970s Defendants knew or should have

known that PFOA is mobile and persistent, bioaccumulative and biomagnifying, and toxic.

99. On information and belief, Defendants concealed from the public and government

agencies its knowledge of the threats to public health and the environment posed by PFOA.

100. Some or all of the Defendants understood how stable the fluorinated surfactants

used in AFFF are when released into the environment from their first sale to a customer, yet they

failed to warn their customers or provide reasonable instruction on how to manage wastes

generated from their products.

101. AFFF was first developed in the 1960s as a result of the U.S. Navy’s research into

the use of fluorosurfactants in firefighting foam to extinguish fuel-based shipboard fires.

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102. In 1969, the Navy promulgated a military standard or “MilSpec” requiring

contractors to use “fluorocarbon surfactants” in firefighting foam products. Since then, the Navy

has revised this MilSpec multiple times, but at no time did the Navy specify the specific

fluorosurfactants to be used in AFFF. The AFFF MilSpec was a “performance specification,”

meaning that the product manufacturers were given great flexibility with respect to designing a

product that would meet the military’s performance requirements.

103. Firefighting foam can be made without the fluorosurfactants that contain PFOA

and/or its precursor chemicals.

104. When the Navy first promulgated the AFFF MilSpec, hundreds of different

fluorosurfactants had already been created.

105. The AFFF Defendants designed, manufactured, marketed, distributed, and/or sold

AFFF products that used fluorosurfactants containing either PFOA or the chemical precursors that

degrade into PFOA.

106. The AFFF Defendants utilized PFAS produced by a process, called

fluorotelomerization. These fluorotelomer AFFF formulations were produced beginning in the

1970s. Although they are not made with PFOA, they contain precursors—polyfluorinated

compounds that are known to degrade to compounds that include PFOA.

107. On information and belief, the AFFF Defendants designed, manufactured,

marketed, distributed, and/or sold the AFFF products discharged into the environment during fire

protection, training, and response activities conducted in the vicinity of Plaintiff’s drinking water

supply, resulting in widespread PFAS contamination.

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108. The AFFF Defendants treated their foam formulations as proprietary information

and did not disclose the specific chemical ingredients of their formulations to government agencies

or the public.

109. Some or all of the Defendants understood how stable the fluorinated surfactants

used in AFFF are when released into the environment from their first sale to a customer, yet they

failed to warn their customers or provide reasonable instruction on how to manage wastes

generated from their products.

D. The Impact of PFOA on the Environment and Human Health Is Finally
Revealed

110. Once the truth about PFOA was revealed, researchers began to study the

environmental and health effects associated with them, including a “C8 Science Panel”.

111. The C8 panel consisted of three epidemiologists specifically tasked with

determining whether there was a probable link between PFOA exposure and human diseases. In

2012, the panel found probable links between PFOA and kidney cancer, testicular cancer,

ulcerative colitis, thyroid disease, pregnancy-induced hypertension (including preeclampsia), and

hypercholesterolemia.

112. In laboratory testing on animals, PFOA has caused the growth of tumors, changed

hormone levels, and affected the function of the liver, thyroid, pancreas, and immune system.

113. The injuries caused by PFAS can arise months or years after exposure.

114. Even after the C8 Science Panel publicly announced that human exposure to 50

parts per trillion, or more, of PFOA in drinking water for one year or longer had “probable links”

with certain human diseases, including kidney cancer, testicular cancer, ulcerative colitis, thyroid

disease, preeclampsia, and medically-diagnosed high cholesterol, Defendants repeatedly assured

and represented to governmental entities, their customers, and the public (and continue to do so)

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that the presence of PFOA in human blood at the levels found within the United States presents no

risk of harm and is of no legal, toxicological, or medical significance of any kind.

115. Furthermore, Defendants have represented to and assured such governmental

entities, their customers, and the public (and continue to do so) that the work of the independent

C8 Science Panel was inadequate to satisfy the standards of Defendants to prove such adverse

effects upon and/or any risk to humans with respect to PFOA in human blood.

116. At all relevant times, Defendants, through their acts and/or omissions, controlled,

minimized, trivialized, manipulated, and/or otherwise influenced the information that was

published in peer-review journals, released by any governmental entity, and/or otherwise made

available to the public relating to PFAS in human blood and any alleged adverse impacts and/or

risks associated therewith, effectively preventing the public from discovering the existence and

extent of any injuries/harm as alleged herein.

E. The Fire Fighting Foam Coalition

117. When telomerization emerged as the dominant manufacturing process for

fluorosurfactants, multiple companies seized the opportunity to be part of the lucrative AFFF

market.. But the market opportunity presented uncertainties, as it was unclear whether regulators

would view the telomer-based AFFF as a hazard. The key question for regulators wa

Case Info

Case No.

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Document Filed Date

March 15, 2024

Case Filing Date

March 15, 2024

County

Parties

AGC CHEMICALS AMERICAS INC. Defendant
AMEREX CORPORATION Defendant
ARCHROMA U.S. INC. Defendant
ARKEMA INC. Defendant
BASF CORPORATION individually and as successor in interest to Ciba Inc. Defendant
BUCKEYE FIRE EQUIPMENT COMPANY Defendant
CHEMDESIGN PRODUCTS INC. Defendant
CHEMGUARD INC. Defendant
CHEMICALS, INC. Defendant
CLARIANT CORPORATION , individually and as successor in interest to Sandoz Chemical Corporation Defendant
CRONER, ANDREW WILLIAM Attorney for the Plaintiff
DEEPWATER CHEMICALS, INC. Defendant
DOE DEFENDANTS 1-20 fictitious names whose present identities are unknown Defendant
DYNAX CORPORATION Defendant
NATION FORD CHEMICAL COMPANY Defendant
THE UTILITIES BOARD OF TOWN OF CITRONELLE D/B/A SOUTH ALABAMA UTILITIES Plaintiff
TYCO FIRE PRODUCTS, LP individually and as successor in interest to The Ansul Company Defendant

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