Aqueous Film-Forming Foam (AFFF)
AFFF is a firefighting agent used to control and extinguish Class B fuel fires and is used in many locations like military bases, airports, petroleum refineries, industrial facilities, fire departments, and fire training centers. Since the 1960s, several companies have manufactured, marketed, and sold AFFF knowing that it contained toxic chemicals that would be released into the environment when used by consumers as instructed and intended.
Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) are two compounds in a class of thousands of man-made chemicals known as per-and polyfluoroalkyl substances (PFAS). These chemicals are used to create many nonstick, stain resistant, and waterproof products. These are also the chemicals used in the manufacturing of AFFF.
Manufacturers have used PFAS to make hundreds of everyday products including nonstick cookware, carpets, clothing, furniture upholstery, waterproofing products, food packaging, and firefighting foams. Because of environmental and human health concerns, manufacturers ceased production of PFOS in 2002; manufacturers likewise agreed to decrease production of PFOA beginning in 2006, although many continued to use component chemicals that they knew would break down in to PFOA.
Once released into the environment through dispersal or improper disposal of a product, PFAS persist in the environment. These compounds are water-soluble and do not readily adsorb into sediments or soil; they tend to stay in the water column. Because these chemicals resist breaking down, scientists have found them globally — in water, soil, and air as well as in human food supplies, breast milk, umbilical cord blood, and human blood serum. These chemicals are often referred to as “forever chemicals” because of their persistence in the environment. Both PFOA and PFOS are known animal carcinogens and are likely human carcinogens. Given their potential health risks, the U.S. Environmental Protection Agency asked the manufacturers to reduce their use of these chemicals. In 2024, EPA established legally enforceable levels, called Maximum Contaminant Levels (MCLs), for four PFAS in drinking water: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA (limited to 4 parts per trillion each). EPA is also regulating PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water.
AFFF manufacturers had the technology to produce AFFF with safer chemicals from as early as the 1960s. However, these manufacturers knowingly chose to make and sell AFFF with PFOA and PFOS. Cities, towns, and neighborhoods surrounding locations where AFFF was dispersed into the environment have reported contaminated groundwater and soil in their communities. Airports, fire-training facilities, and nearby properties may also be contaminated. Chemical manufacturers can be held liable for their negligence. Litigation against these companies has resulted in the recovery of billions of dollars, much of which has been applied toward the cost of cleanup efforts.
ELG currently represents public entities (including States) who are seeking damages for PFAS contamination to public water systems, airports, fire-training facilities, and other sites. In addition, ELG represents individual owners of private wells and other contaminated properties.