Residents File Landmark RICO Lawsuit Against PFAS Polluters with Potential for Major Payout
Lobbyists Alarmed: Potential Wave of Lawsuits Could Follow Groundbreaking PFAS Case
Hundreds of residents in Westminster, Massachusetts have filed a federal civil case under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against companies accused of polluting their drinking water with per- and polyfluoroalkyl substances (PFAS). This innovative legal approach, typically used to combat organized crime, marks the first time the federal RICO statute has been applied to environmental pollution.
The lawsuit, initiated in February 2023, targets Seaman Paper, Otter Farm, MassNatural, and 3M (a manufacturer of PFAS). In December 2023, the court ruled that the plaintiffs had adequately demonstrated that Seaman Paper, Otter Farm, and MassNatural's RICO violations—including submitting false environmental compliance certifications—were directly linked to the plaintiffs' injuries. Additionally, the plaintiffs noted that earlier versions of Seaman Paper’s website had disclosed the company's history of using PFAS, but this information has since been removed.
The case has drawn significant attention from Brian Gross, a corporate defense attorney at MG+M The Law Firm. Gross warned that this lawsuit could signal the beginning of a “tsunami” of liability litigation with potential costs far exceeding those associated with asbestos. During a plastics industry meeting, Gross described the court's decision to advance the claims to discovery as one of the most unsettling recent developments.
If successful, the plaintiffs could potentially receive a substantial financial award, including triple damages.
This case could serve as a bellwether for similar lawsuits in other regions. For instance, in southern New Hampshire, there is evidence that Saint Gobain Performance Plastics, in collaboration with PFAS manufacturers, employed tactics akin to those used by the tobacco industry to mislead regulators and the public about their PFAS use and the safety of the chemicals. This contamination has affected much of southern New Hampshire, polluting over 2,000 drinking water wells and systems. Previous investigations have also highlighted how PFAS manufacturers spearheaded misinformation regarding the safety of their chemicals. In response, the state of New Hampshire has launched an investigation into elevated rates of kidney cancer in Merrimack, with earlier findings indicating high rates of four other cancers in southern New Hampshire.
PFAS exposure is associated with numerous health issues, including kidney and testicular cancers, preeclampsia, ulcerative colitis, high cholesterol, and disruptions to thyroid, reproductive, and immune systems, among other effects.
The outcome of this case could set a significant precedent for other communities impacted by chemical companies and polluters, such as those at the Coakley Landfill Superfund Site in New Hampshire, Maine, Cape Fear in North Carolina, and various airports and defense bases nationwide.
Stay tuned to see how this case unfolds.
Mindi Messmer, MS, PG, CG is an environmental and public health scientist and author of Female Disruptors: Stories of Mighty Female Scientists. The book is available on Amazon, Barnes & Noble and through your local bookstore.