UNIVERSITY PARK, Pa – Penn State has filed a lawsuit against AGC Chemicals Americas, Inc., BASF Corporation, Carrier Fire & Security Americas Corporation, and others for their involvement in the manufacture and sale of per and poly-fluoroalkyl substances (PFAS) that have been detected in the raw (untreated) drinking water supplies in systems owned and operated by the University. Penn State’s drinking water is safe, however, the new regulations related to PFAS put an added burden on the institution for monitoring and potential treatment as needed.

PFAS are a family of compounds that are persistent, toxic and bioaccumulative when released into the environment. They have been used extensively in manufacturing, have impacted surface water and groundwater throughout the country and been detected at low levels in the University’s untreated (raw) water supplies.

Drinking water currently being provided by Penn State meets all relevant state and federal regulations relating to drinking water. However, the University is required to continuously sample, analyze and report detections of PFAS in all of its drinking water supplies, which include University Park, Wilkes Barre and Mont Alto campuses. These precautionary steps are costly, burdensome, and may lead to additional filtration requirements as regulations evolve. Through its lawsuit, Penn State seeks to protect water customers and ensure that any costs associated with removing PFAS from its water supplies are borne by the companies that sold and profited from their PFAS containing products.

PFAS have been used for decades in industrial settings and in the production of thousands of common household and commercial products, such as carpeting, fast-food wrappers, dental floss and cookware, since they are heat resistant, stain resistant, long lasting, and water and oil repellant. The PFAS family of chemicals, which number in the thousands, are entirely man-made and do not exist in nature. Exposure to certain PFAS have been associated with several negative health outcomes in both humans and animals.

In its lawsuit, Penn State alleges that the defendants, as manufacturers and sellers of PFAS-containing products, were aware that these products would contaminate drinking water supplies nationwide. However, these companies neglected to take reasonable measures to avoid using PFAS in their products. In addition, these companies failed to provide adequate warnings about the potential for groundwater contamination from using their products as directed. Penn State is seeking to hold the defendants liable for the damages to the University’s drinking water supplies under the legal principles of strict products liability and negligence.

Penn State, which is requesting a trial by jury, filed the lawsuit on June 11, 2024, in the federal District Court of Charleston, South Carolina, which is where PFAS-related suits from around the country are being litigated. The University is represented by a consortium of firms with national expertise in PFAS litigation, including Taft, Stettinius & Hollister, LLP; Douglas & London, P.C.; Law Office of Kevin Madonna, PLLC; Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A.; and SL Environmental Law Group; PC. These attorneys have combined decades of experience representing municipalities and other water providers throughout the country in efforts to recover the substantial costs of treating drinking water supplies from the corporations whose products caused the contamination.