[co-author: Stephanie Kozol]*

Tennessee AG Jonathan Skrmetti is suing more than 20 per- and polyfluoroalkyl substance (PFAS) manufacturers, including 3M and DuPont, seeking injunctive and monetary relief under the state’s public nuisance and uniform fraudulent transfer laws.

According to AG Skrmetti’s statement on the lawsuit, aqueous film-forming foam (AFFF) containing PFAS has been used for firefighting training and emergency response at military and industrial facilities, airports, and other locations throughout Tennessee. The lawsuit alleges that the PFAS manufacturers knew but concealed the fact that their AFFF products would release dangerous PFAS into the environment and harm Tennesseans and Tennessee’s natural resources. Skrmetti’s complaint asserts claims under the state public nuisance statute and under common law theories of negligence and gross negligence, trespass, and unjust enrichment. Additionally, the suit asserts that certain companies fraudulently transferred assets to protect themselves from PFAS liability.

“PFAS are ‘forever chemicals’ that are accumulating in our bodies and our kids’ bodies,” Skrmetti said in the statement. “Manufacturers continued to produce and profit from these chemicals long after they were aware of the dangers. We will hold them accountable. We will fight to obtain serious compensation from every one of these defendants to ensure we can clean up our environment and stop the harms associated with PFAS.”

Originally filed in the Davidson County Circuit Court in Nashville on May 31, the lawsuit was removed to the U.S. District Court for the Middle District of Tennessee on July 7.

Why It Matters

Skrmetti now joins a growing list of state AGs, who have brought state-law claims against PFAS manufacturers, seeking to hold them financially liable for their alleged roles toward environmental contamination linked to PFAS.

*Senior Government Relations Manager