The state of Minnesota has filed a new lawsuit against Maplewood-based 3M, alleging that PFAS from the company’s manufacturing plant in Cottage Grove continue to contaminate groundwater and the Mississippi River.
In the case filed May 1 in Washington County District Court, the Minnesota Pollution Control Agency accuses 3M of violating state permits and regulations and says its actions “present an ongoing and continuous harm to Minnesota’s environment and threat to Minnesotans.”
3M is seeking to have the case moved to federal court. The company argues that it’s not liable for PFAS contamination tied to fire-suppressing foam it manufactured at the Cottage Grove plant, because it was at the direction of the U.S. military.
PFAS, or per- and polyfluoroalkyl substances, are a family of human-made chemicals known for their durability. They’re sometimes called “forever chemicals” because of their tendency to accumulate in water, soil, fish, wildlife and humans.
Exposure to some PFAS has been linked to negative health effects including liver and thyroid disease, fertility problems and low birth weight.
In a statement, MPCA spokesperson Dan Ruiter said the agency can’t comment on pending litigation, but it “remains committed to protecting human health and the environment from pollution and holding polluters accountable.”
The lawsuit seeks civil penalties, cleanup costs and compensation for damage to natural resources.
History of litigation
For decades beginning in the 1950s, 3M produced PFAS used in a variety of industrial and consumer products, from cosmetics to carpet to nonstick cookware.
In 2010, then-Minnesota Attorney General Lori Swanson sued 3M, alleging that the company’s production of PFAS chemicals had damaged drinking water and natural resources in the east Twin Cities metro area.
The two sides reached a settlement in 2018, with 3M agreeing to pay $850 million to provide clean drinking water to residents of east Twin Cities suburbs.
In 2020, the company told the MPCA about a previously undisclosed release of chemicals from the Cottage Grove plant. The agency investigated and ordered 3M to take corrective action in 2022.
In its latest lawsuit, MPCA alleges that 3M has completed some of that work, but some remains incomplete.
The complaint states that some containers of hazardous waste were not removed from a disposal site and continue to release PFAS into the environment.
It also says 3M has not completed a system to remove PFAS from groundwater, and the system doesn’t completely prevent contaminated water from entering the Mississippi River.
3M response
In a statement, 3M said it has taken “numerous steps over many years” to address PFAS at its Cottage Grove facility, including building a $300 million advanced system to treat wastewater.
“We reiterate once again our commitment to continuing remediation and water treatment investments in Cottage Grove now and into the future,” the statement read.
3M said it also met its goal of discontinuing the manufacture of all PFAS globally by the end of 2025.
The company says it believes the latest lawsuit belongs in federal court, because some of the contamination it cites is the result of firefighting foam that 3M manufactured for the U.S. Department of Defense for military bases and airfields.
3M said it intends to argue that because it was following rigorous military specifications, it’s not subject to liability related to making and testing of the foam at the Cottage Grove site.
3M and other manufacturers have used the “government contractor” legal defense in other PFAS cases nationwide. It’s based on the 1988 U.S. Supreme Court decision Boyle v. United Technologies Corp.
That decision shields manufacturers from liability if they made products according to strict government specifications and warned the government of known risks.
