2 minute read
Firefighting Foam Aqueous Film-Forming Foam (AFFF) is a commonly used fire suppressant in military and civilian applications. It effectively extinguishes fuel fires but contains per- and polyfluoroalkyl substances (PFAS), which are under legal scrutiny due to their environmental and health effects.
What is AFFF
AFFF is a foam for flammable liquid fires that cuts off oxygen and cools the fire by forming a film. However, it contains PFAS chemicals, which are highly resistant to degradation and persist in the environment long-term.
Environmental Health and Concerns
PFAS are associated with health problems like cancer, liver damage, immune disorders, and developmental issues. They are widespread, found in water, soil, and the human body, prompting significant research and legislative efforts.
Legal Actions and Regulations
- Litigation: Numerous lawsuits involve municipalities, water districts, individuals, and environmental groups against AFFF manufacturers and users, claiming water contamination and health impacts, with significant settlements and judgments.
- Government Regulations: The EPA regulates PFAS by setting advisory levels in drinking water and designating them as hazardous under CERCLA, with additional state laws targeting AFFF use and disposal.
- Class Action Lawsuits: Entities affected by PFAS often join class-action lawsuits seeking site remediation and compensation for health monitoring and damages.
- Liability of Manufacturers: Under product liability, AFFF manufacturers are sued for failing to warn about PFAS risks, leading to product liability claims.
Implications for Fire Departments
Fire departments face legal challenges with AFFF use, requiring careful navigation of regulations on its use, storage, and disposal. They are also under pressure to switch to PFAS-free alternatives, despite potential operational limitations and higher costs.
Future Outlook
The legal landscape for AFFF and PFAS is evolving. As scientific understanding and contamination sites increase, regulatory and legal actions are expected to intensify. Stakeholders must stay informed to navigate this complex terrain.
Conclusion
AFFF firefighting foam faces legal scrutiny due to its environmental and health impacts. Legal actions, regulations, and evolving standards shape its future. Stakeholders must stay vigilant and proactive to ensure compliance and mitigate risks.
Michael Brady Lynch Firm
Here at the Michael Brady Lynch firm, we litigate AFFF exposure cases. If you or a loved one have been exposed to AFFF, please give us a call at 888-585-5970 or email brandon@mblynch.com..
Author: Brandon Salter, Esq.
Editor: Sonya Coenen
Date: July 25, 2024
Citations
https://www.consumernotice.org/environmental/afff/
https://www.bicmagazine.com/departments/fire-rescue/understanding-fire-foam-safety-concerns-regulations/
https://www.reuters.com/legal/legalindustry/pfas-settlements-future-pfas-litigation-landscape-be-determined-by-upcoming-2023-08-31/
https://ncdoj.gov/attorney-general-josh-stein-files-four-lawsuits-against-14-companies-over-toxic-firefighting-foam/