Fire Suppression Foam Spill May Cause Water Contamination Problems in Brunswick, Maine

Maine environmental officials indicate that at least 1,450 gallons of fire suppression foam, which contains toxic per- and polyfluoroalkyl substances (PFAS), was accidentally released into the state’s water supply earlier this month, raising concerns about potential health risks among residents of Brunswick, Maine.

The Maine Environmental Protection Agency announced the fire suppression foam water contamination accident on August 19, indicating that it was notified by the Brunswick Fire Department about the release of aqueous film-forming foam (AFFF) at the Brunswick Executive Airport, which was mixed with 50,000 gallons of water, making its way into a retention pond.

Maine officials held a press conference about the accidental release last week, indicating that they have established a Unified Command to respond to the firefighting foam spill, including state environmental regulators, the Maine Department of Health and Human Services, the Midcoast Regional Redevelopment Authority, the U.S. Environmental Protection Agency, the Town of Brunswick, and the U.S. Coast Guard.

Firefighter Foam Water Contamination Concerns

AFFF has been widely used for decades by the U.S. military, airports and local fire departments to combat fuel-based fires. However, the use of toxic PFAS chemicals in the fire suppression foam has been blamed for causing widespread water contamination problems in communities nationwide in recent years, typically caused by natural run-off following years of training or response exercises.

PFAS include a group of more than 9,000 man-made substances, which are resistant to grease, oil and water. However, they are commonly referred to as “forever chemicals”, since they can persist in the environment and build up in the human body, causing a number of adverse health effects.

Researchers have linked PFAS exposure to an increased risk of testicular cancer, kidney cancer, ulcerative colitis and other side effects, which have been seen among firefighters directly exposed to the foam, as well as individuals living in areas with known firefighter foam contaminated drinking water.

3M Company, DuPont and a number of other companies involved in the manufacture and sale of the fire suppression foam currently face several thousand product liability claims, each raising similar allegations that the companies failed to disclose the risk that the chemicals may contaminate water supplies and cause serious health risks.

While many of the AFFF cancer lawsuits have been brought by former firefighters directly exposed to the chemicals during training and response exercises, there have also been a large number of PFAS water contamination lawsuits, alleging that individuals living near military bases, airports and firefighting training centers developed various injuries after exposure through their tap water.

According to Maine environmental regulators, the AFFF foam spill occurred at Hanger 4 of the Brunswick Executive Airport, after the fire suppression system was engaged accidentally.

A firefighter had to manually shut off the fire suppression system, but the contents of the foam tanks were released into the airport’s storm and sewer water system.

State officials are still investigating the potential health and environmental impacts of the release.

“The Department will not be sampling every single well in the community. Instead, representative samples will be taken to understand what is happening with groundwater flow and migration,” Maine officials stated. “This will help expedite an understanding of what is happening in relation to drinking water in the nearby neighborhoods.”

The officials noted that no impact has yet been seen on the nearby Brunswick Topsham Water District (BTWD) water supply, and area residents have been told they can continue to use their water safely. However, Maine regulators also noted that the BTWD has stopped using water wells near Brunswick Landing to prevent potential PFAS drinking water impacts.

August 2024 AFFF Water Contamination Lawsuit Update

The release is one example of why individuals and communities are pursuing AFFF lawsuits in courts throughout the U.S., each raising similar allegations that plaintiffs were diagnosed with various forms of cancer, ulcerative colitis and other diseases after exposure to the chemicals.

Given common questions of fact and law presented in the claims, complaints filed throughout the federal court system are currently centralized and consolidated for pretrial proceedings before U.S. District Judge Richard M. Gergel in the District of South Carolina, where the court has established a bellwether process to prepare a small group of lawsuits for a series of early AFFF trial dates expected to begin in 2025.

While the outcome of these bellwether trials will not be binding on thousands of other lawsuits pending, they will be closely watched to gauge how juries may respond to certain evidence and testimony that will be repeated throughout the litigation.