PFAS Advisory Sign, January 4, 2023. PC: Fox 11 Online
(WTAQ-WLUK) – A lawsuit between the State and Tyco Fire Products regarding PFAS pollution could be settled within weeks, an attorney said Wednesday.
In March 2022, the state Dept. of Justice filed the civil lawsuit, alleging Johnson Controls and Tyco Fire Products violated the state’s hazardous substance spills law. According to the complaint, the companies failed to notify the DNR of a PFAS discharge. It also states they failed to clean up contamination at and around the Fire Technology Center in Marinette. Tyco has denied the allegations.
In court Wednesday, attorney Liam Montgomery, who represents the defendants, said a recent in-person meeting among the parties was productive, but work still needs to be done to reduce it to writing for the judge’s approval.
“We jointly, I think, have good news to report. We are very close to finalizing the agreement in principle that we reached on the case. Finalizing in the sense of putting it in writing,” Montgomery said.
It will address how remedies around the fire training center will be handled, what payment will be made to the state, and a dispute resolution mechanism to avoid future court hearings, Montgomery said.
The parties may submit the plan in writing to the judge. If not, Assistant Attorney General Kevin Grzebielski agreed with Montgomery’s suggest another status conference be scheduled to update the court. That would be held Dec. 19.
According to a March post, Tyco has spent more than $100 million on a groundwater extraction and treatment systems, removing contaminated soils, and providing clean water to neighbors impacted by groundwater issues.
PFAS are man-made chemicals found in a number of products, including fire-fighting foam. According to the U.S. Centers for Disease Control and Prevention, PFAS can increase cancer risk and can affect growth, learning and women’s fertility.
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