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Lawsuit Alleges 3M Chemicals Contaminated Water in Washington County, Minn.

Posted on: Sunday, 25 September 2005, 12:00 CDT

Sep. 26--Despite pretrial rulings that could make it harder to obtain class-action status, a lawsuit claiming that 3M Co. chemicals contaminated water in Washington County is still shaping up as a pivotal case.

On Tuesday, attorneys for 3M and Washington County residents will be back in court to argue eight pretrial motions, several related to each side's access to the other's documents. The plaintiffs, for example, want Maplewood-based 3M to publicly release thousands of pages of company documents. 3M, in one motion, seeks access to the residents' medical records.

Beyond the blizzard of legal filings, though, are larger questions of whether 3M will be held liable for its perfluorochemicals -- or PFCs -- making their way into residents' bodies. Also, a class-action settlement of a similar case against DuPont in West Virginia is expected eventually to play a key role in the Washington County case.

Out of the West Virginia settlement, "we hope to have one of the largest studies to date done anywhere" of people who were exposed to PFCs, said Rob Bilott, an attorney representing the Washington County residents who also worked on the West Virginia case. As part of the settlement, as many as 60,000 people may have their blood tested for PFCs, and the results will be studied by an independent panel to determine whether they are causing health problems.

Dueling interpretations of medical studies remain a key point of contention in the local case, which centers on 3M's "Chemolite" plant in Cottage Grove. 3M claims that PFCs are not hazardous to humans. Though animal studies show that high amounts of PFCs can damage organs, 3M argues that the amount necessary to cause such damage is much higher than that found in humans.

In April, Washington County District Court Judge Stephen Muehlberg granted 3M's motions to dismiss claims for medical monitoring and public nuisance from the lawsuit. Those claims, if successful, could have helped the case get class-action certification, which would allow the plaintiffs to argue on behalf of a larger group of people who are "similarly situated." Medical monitoring, which is being done in the West Virginia case, involves the blood tests for PFCs.

The original plaintiffs in the local case, Cottage Grove residents Felicia Palmer and Sesario Briseno, filed suit last fall. Two other couples have joined them. Gale Pearson, an attorney representing the residents, said the plaintiffs' legal team has recently coordinated PFC blood tests for more than 60 residents in the area.

"We expect it to expand as we get documents from 3M and find where (PFCs were) deposited over the last 50 years," Pearson said. "People are very interested in what their levels are."

Judge Muehlberg is set to retire soon, and Judge Mary Hannon is now handling the Washington County case. Attorneys for the residents point out they haven't given up on class-action status yet. They say they still have several intact claims that they intend to argue, including a count of negligence on 3M's part.

"We feel comfortable with those counts, and what we've seen happen in Oakdale and Lake Elmo makes us feel more confident," said Rhon Jones, an attorney representing the residents.

Last week, the city of Lake Elmo accepted a $3.3 million grant from 3M to pay for public water extensions. A month earlier, 3M announced it would put a filter on a city of Oakdale well to keep contaminants at a safe level.

Jones noted that 3M's move to make the water safer came after the lawsuit was filed last October.

"That to me begs the question of what other communities might be affected and what are the pathways to exposure," he said.

While the attorneys for the Washington County residents argue that 3M's actions show that the chemicals are a problem, 3M says it is just being responsible. These actions include ending production of PFCs, agreeing to treat homeowners' water and providing bottled water for its workers at the Cottage Grove plant.

"It's important to note that what we're doing in Lake Elmo and Oakdale are just precautionary measures and over the long term it's important to keep the drinking water within the state guidelines," said Bill Nelson, a 3M spokesman. "This is the responsible thing to do by a responsible company."

As for ending production of PFCs, Nelson said, "the phase-out decision is based on responsible environmental management, and the fact that we wanted to put our resources into more sustainable technologies."

Though 3M no longer produces PFCs, it uses the chemicals at one of its plants in Antwerp, Belgium. The chemicals are either eliminated in the production process or recaptured at that plant, Nelson said.

Scientific studies have found that nearly all people have PFCs in their blood, where the chemicals remain for many years. PFCs have been found in wildlife around the globe, including polar bears, eagles and fish.

3M manufactured PFCs starting in the late 1940s, using them in stain-resisting products such as Scotchgard and other nonstick coating applications. It also sold the chemicals to DuPont, which used them at its plant in West Virginia to make Teflon and other nonstick products. 3M decided in 2000 to phase out the production of the chemicals. The Maplewood company is also facing two other lawsuits in Alabama, where 3M had a plant making PFCs.

In regulatory filings with the Securities and Exchange Commission, 3M has said that unfavorable rulings in the cases could have a short-term impact on its earnings, but that its product-liability insurance would protect its overall financial position.

Though the plaintiffs in Washington County are alleging injury, attorneys said, an unresolved issue is whether 3M should get access to medical records this early in the case. Determining actual injuries should be up to a jury, Pearson said, who noted that 3M's internal documents may shed more light on the chemicals' effects.

"Our position is that this is the tip of the iceberg," Pearson said. "There are still a lot of unanswered questions."

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Source: Saint Paul Pioneer Press (St. Paul, Minn.)

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