Maryland has initiated legal action against W.L. Gore & Associates, the manufacturer well-known for producing Gore-Tex, a waterproof fabric frequently utilized in raincoats and outdoor apparel. The lawsuit claims that the company continued to use per- and polyfluoroalkyl substances (PFAS), commonly referred to as “forever chemicals,” despite being aware of their substantial health hazards. The complaint was lodged last week in federal court and targets a network of 13 production plants located in northeastern Maryland. It accuses Gore of contaminating both the air and water in nearby areas, potentially endangering the health of local residents while also reaping significant financial benefits.
This recent lawsuit adds to a series of legal challenges faced by the company, including a class action filed in 2023 on behalf of residents from Cecil County. This class action demands that Gore compensate for water filtration systems, medical expenses, and various damages stemming from years of pollution affecting the largely rural community. Maryland Attorney General Anthony Brown stressed the gravity of the situation by pointing out that PFAS exposure is linked to a range of serious health problems, from cancer to reproductive issues. “It’s intolerable for any corporation to deliberately pollute our drinking water with these hazardous substances, thereby jeopardizing the wellbeing of Maryland residents,” he stated.
A representative for Gore expressed surprise at the legal action taken by the Maryland Attorney General, citing their ongoing collaboration with state regulators over the past two years. The spokesperson claimed that the company has been conducting extensive assessments using up-to-date science and technology to address the environmental ramifications of their operations. Furthermore, they referenced a report detailing nearly two years of groundwater testing that underscores their commitment to environmental protection.
However, attorney Philip Federico, who represents clients in the class action suit and other legal battles against Gore, criticized the company’s actions as being too delayed and insufficient. His clients, he noted, continue to suffer from the effects of contamination, with some individuals, such as one suffering from kidney cancer, discovering that their health has been irreparably affected. He described the situation as emblematic of typical corporate negligence regarding environmental health, asserting that the company is not urgent in rectifying the issues.
PFAS chemicals pose a significant threat to health due to their resilience and ability to accumulate in the environment, including within human bodies. The Environmental Protection Agency (EPA) has identified various health risks associated with such exposure, including increased cholesterol levels, reproductive health complications, and developmental issues in children, alongside cancer and immune system impairment.
The state’s lawsuit accuses Gore of failing to adequately inform nearby residents about the potential dangers posed by their operations, a move supposedly aimed at protecting the company’s reputation and limiting legal accountability. The suit claims this negligence has resulted in a “toxic legacy” that will negatively impact generations to come. As the damaging substances have already infiltrated the environment, safeguarding local residents often necessitates the installment of elaborate and costly water filtration systems, with some private well users discovering dangerously high chemical concentrations in their water supply.
The facilities mentioned in the lawsuit are situated in a rural area adjacent to Delaware, where Gore has established a longstanding presence since its inception in 1958, following Wilbert Gore’s exit from chemical company DuPont. The company gained prominence with the introduction of Gore-Tex, a lightweight fabric known for its waterproof capabilities, which is engineered by stretching polytetrafluoroethylene—a material recognized by its brand name, Teflon, commonly used in non-stick cookware. The unique Gore-Tex membrane features millions of pores that are much smaller than water droplets, rendering it particularly effective for use in outdoor apparel.
The state’s lawsuit highlights Gore’s history in conjunction with DuPont, suggesting that both companies were aware of the dangers of the chemicals involved but chose to suppress this information in favor of profit maximization. It points out that as early as 1961, DuPont researchers had identified adverse effects on liver health in test animals exposed to the chemical. Recently, DuPont has faced significant legal challenges and, alongside its two spin-off entities, reached a $1.18 billion settlement last year to address various allegations concerning the contamination of drinking water systems across the U.S.
Maryland’s current legal action against Gore seeks to hold the company accountable for the financial burdens of ongoing investigations and cleanup initiatives related to the contamination, among various other damages. State regulatory scrutiny has intensified in the wake of lawsuits from residents claiming their water supplies have been tainted. Up until this point, however, Gore had operated in Cecil County with minimal oversight.
Although Gore announced in 2014 that it ceased using perfluorooctanoic acid—one of the primary PFAS substances—in the production of Gore-Tex, its long-term environmental ramifications continue to be a significant concern. Lawyers assert that the persistence of these chemicals poses enduring risks. To address the contamination, Gore has engaged an environmental consulting firm for local testing and has provided bottled water and filtration systems to certain affected residents, as detailed on a dedicated webpage.
Recent assessments of water quality near some Gore facilities have indicated levels of perfluorooctanoic acid that exceed standards deemed safe by the EPA, according to officials from the state. While state attorneys have recognized Gore’s efforts to investigate and tackle the contamination, they emphasize that the company needs to enhance its commitment to community welfare. Maryland Department of the Environment Secretary Serena McIlwain stated, “While we recognize Gore’s limited initiative to examine and address PFAS contamination, far more action is necessary to ensure the safety and health of residents. Urgently, we must eliminate these forever chemicals from our resources, and we expect those responsible to fund this remediation effort.”
