Illinois v. 3M Company PFAS Pollution Case Moved to the Central District of Illinois

On Thursday, defendant 3M filed a removal notice remove the case of Illinois vs. 3M Company in the United States District Court for the Central District of Illinois. The Illinois Attorney General filed the original complaint in the Illinois State Circuit Court of the Fourteenth Judicial Circuit against 3M for the release, emission, placement, disposal, leak, spill and/or abandonment of perfluoroalkyl and polyfluoroalkyl substances (PFAS).

According to the complaint, 3M is a Delaware company that has owned and operated a manufacturing facility along the banks of the Mississippi River in Cordova, Illinois since 1970. Additionally, the complaint states that the Cordova facility is located on 740 acres with approximately 1.2 miles of river frontage.

The complaint alleges that 3M produces and uses several different PFASs at its Cordova plant. Further, the complaint states that PFAS are toxic man-made chemicals that are harmful to public health, safety and welfare, and the environment. The complaint further states that because of the harm caused by PFAS to human health and the environment, the U.S. EPA, Illinois EPA, and Illinois Department of Natural Resources have established strict regulations and guidelines for the use, disposal and storage of PFAS.

The State of Illinois alleges that 3M has caused significant PFAS contamination and pollution in the Mississippi River and surrounding waters, sediments, soil and air around its Cordova facility. Specifically, the complaint alleges that 3M dumped PFAS-containing waste directly into the Mississippi River, improperly disposed of PFAS-containing sludge, released airborne PFAS, and spilled and leaked PFAS from containers, of piping systems, tanks and its wastewater treatment process. Additionally, the complaint states that samples from the Cordova plant manufacturing area found PFAS levels significantly higher than current Illinois EPA health advisory levels and quality standards. proposed groundwater.

Additionally, plaintiff argues that 3M has continually attempted to deny the adverse effects of PFAS on the environment and human health and has intentionally concealed the dangers of PFAS from government entities, including the State of Illinois and its agencies. Plaintiff contends that 3M concealed the dangers of PFAS and continued to manufacture and use PFAS at the Cordova plant to protect profits and avoid public liability for injury and damage caused by their toxic products.

Complaint alleges that 3M’s negligent, intentional and reckless use of PFAS resulted in significant damage to property and natural resources in Illinois and put Illinois residents at risk of adverse health effects . Accordingly, Illinois brings this action against 3M under the Illinois Environmental Protection Act, the Illinois Department of Resources Act, the Illinois negligence, trespass, common nuisance and unjust enrichment and seeks compensatory damages, statutory penalties, injunctive relief, prejudgment interest and costs.

The plaintiff is represented by the Attorney General of Illinois, DiCello Levitt Gutzler LLC, Keating Muething & Klekamp PLL and SARL Fields. The defendant is represented by Mayer Brown LLP.

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