In North Carolina, two residents have sued public agencies and businesses, alleging that PFAS, often called "forever chemicals," spread into their well water, soil, and other resources used by the surrounding community.
The case points to an issue with implications far beyond two households: contamination in the Haw River Basin, a drinking water source for a broad stretch of the state.
Here's what to know
The case was filed in Alamance County Superior Court by Todd Dean, owner of Dean's Trucking in Graham, and Steve Wall, former owner of Steve's Garden Market in Graham. According to The Alamance News, Alamance County, the cities of Burlington and Graham, and six companies are accused of allowing hazardous chemicals to enter groundwater, wells, and soil.
The suit names Unichem Specialty Chemicals, Elevate Textiles, Shawmut Park Avenue, Republic Services, Synagro Central, and EMA Resources as defendants. The plaintiffs are seeking monetary damages and an order requiring that contaminated soil and water be restored to "pre-exposure levels" for substances that the North Carolina Environmental Management Commission classifies as hazardous.
PFAS do not break down easily in the human body or in the environment. The lawsuit points to links between exposure and elevated risks of cancer, cardiovascular disease, and other health issues.
The complaint also alleges that more than 350 nearby properties have shown similar contamination levels, prompting the plaintiffs to seek class-action status.
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More background
The lawsuit argues that negligent waste-handling practices by public entities and private businesses alike exposed local residents to pollution they could not see or reasonably avoid. Burlington and Graham accepted wastewater containing PFOA and PFOS, processed it, and then released it into the Haw River Basin, according to The Alamance News. It also alleges that landfill and sewage-sludge practices allowed contaminants to migrate onto neighboring properties.
Testing cited in the complaint found PFOA in water from Wall's outdoor spigot at 10 times the unsafe threshold, PFOS from an indoor faucet at three times that level, and PFOA from Dean's kitchen faucet at nearly 12 times the unsafe level.
The contamination has affected the ability to raise livestock, grow food, cook without bottled or filtered water, and sell property without taking a financial loss. Wall's family, the complaint says, spent decades gardening and raising cattle at their home without knowing the land may have been contaminated.
The allegations extend beyond those two homes. The complaint says the Haw River Basin serves major population centers and downstream waterways.
The complaint alleges contractors working with Burlington and Graham "spray this highly concentrated PFAS-rich sewage sludge onto fields" and warns that the pollution threatens water relied on well beyond the two plaintiffs' properties.
What's being done?
The most significant action is the lawsuit itself, which seeks damages under several legal claims, including negligence, trespass, nuisance, and alleged violations of North Carolina's hazardous-substances laws. The plaintiffs also argue that local governments should not be shielded by governmental immunity because the activities at issue were "non-governmental and/or proprietary functions."
The complaint also points to an earlier sign of regulatory scrutiny. As The Alamance News noted, Burlington in 2023 reached a settlement with the Haw River Assembly and agreed to monitor and limit industrial PFAS discharges before they reached treatment plants or the Haw River.
Where can I learn more?
Other cases raise many of the same questions as the Alamance County suit: who is responsible when contamination reaches people's homes, and what can be done once pollutants move through a water system. They also show how fights over water and public trust can stretch from PFAS cleanup claims in North Carolina to lawsuits over the marketing of bottled water.
In North Carolina, residents say a landfill is linked to the state's highest PFAS levels in tap water, while in Washington, Waiākea faces a lawsuit over eco-friendly claims tied to single-use plastic bottled water. In fact, across the U.S., water suppliers are suing major companies over widespread toxic contamination in public systems.
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