Maryland Joins the Legal Battle Against "Forever Chemicals"

BY COLLEEN M. ARACRI, ESQ.

IN DECEMBER 2024, Maryland Attorney General Anthony G. Brown filed a lawsuit against W.L. Gore & Associates, Inc., alleging that the company’s use of per- and polyfluoroalkyl substances (PFAS) in its manufacturing processes has resulted in environmental contamination. Often referred to as “forever chemicals,” PFAS are synthetic compounds known for their durability and resistance to degradation, but they are also linked to environmental and health concerns.

This legal action is part of a growing wave of litigation targeting PFAS manufacturers and users across the United States, as governments and regulatory agencies seek to address the long-term impact of these substances on public health and natural resources.

The Role and Impact of PFAS PFAS are widely used synthetic compounds prized for their water- and grease-resistant properties. They are found in products ranging from textiles to medical devices. However, their chemical structure makes them resistant to natural degradation, resulting in long-lasting environmental persistence. Scientific studies link exposure to PFAS to a range of health effects, including increased cancer risks, developmental issues, and immune system impacts.1

The EPA has responded to growing concerns by establishing stringent standards for PFAS in drinking water. In April 2024, the agency set the maximum contaminant level for PFOA at 4 ppt and established similar limits for other PFAS compounds. These regulatory efforts are part of broader federal and state initiatives to address the widespread presence of PFAS in the environment.2

Allegations Against W.L. Gore & Associates Maryland’s lawsuit contends that W.L. Gore released PFAS into the environment through its manufacturing facilities in Elkton, Maryland, over several decades. The state alleges that these releases, which included discharges into groundwater, surface water, and soil, caused contamination in nearby communities. Testing conducted in the area reportedly found PFOA, a particularly toxic form of PFAS, at levels significantly above the Environmental Protection Agency’s (EPA) maximum contaminant level of 4 parts per trillion (ppt). Maryland asserts that such contamination poses risks to both natural resources and public health.4

The state asserts it is pursuing this lawsuit as part of its responsibility to protect natural resources under state law. In doing so, it claims that PFAS contamination has damaged its waters, soil, and air, all of which are held in trust for the public. The complaint seeks to recover costs for investigating, remediating, and restoring the affected areas, while also seeking injunctive relief and penalties against Gore.5

W.L. Gore’s Official Response

In response to the lawsuit, W.L. Gore & Associates denied the allegations and expressed surprise at the legal action, citing its ongoing engagement with Maryland regulators.6 In a December 18, 2024, statement, the company referenced its recent submission of a detailed groundwater testing report for its Cherry Hill facility, which it says reflects nearly two years of investigation.7 Gore has stated that it has employed the latest science and technology to assess environmental impacts and to collaborate with regulators in addressing PFAS concerns.8

The company further described its efforts to adopt advanced practices and technologies as regulations around PFAS have evolved. It emphasized its commitment to responsible operations, environmental stewardship, and its longstanding presence as a community partner in Cecil County, Maryland. Gore maintains that it continues to take actions in response to new developments in PFAS science.9

PFAS Litigation Trends

The lawsuit is part of a larger trend of PFAS-related litigation across the United States. States like Texas, Connecticut, and Oregon have also filed claims against PFAS manufacturers, often citing violations of environmental and public health laws. At the federal level, the EPA has classified certain PFAS as hazardous substances, enabling states to pursue cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act.

As the case proceeds, it will contribute to the broader discussion about the management of PFAS contamination and the roles of corporations, regulators, and governments. The outcome of the lawsuit may influence future litigation and regulatory approaches to PFAS and similar environmental issues.

1 Id., https://www.epa.gov/pfas/our-current-understanding-human-health-and-environmental-risks-pfas.

2 https://www.epa.gov/system/files/documents/2024-04/pfas-npdwr_qa_general_4.9.24v1.pdf.

3 https://www.marylandattorneygeneral.gov/News%20Documents/121824_Gore_%20Complaint.pdf.

4 Id.

5 Id.

6 https://goreforwardstg.wpenginepowered.com/wp-content/uploads/2025/01/MD-AG-lawsuit-response-Dec-18-2024.pdf

7 Id.

8 Id.

9 Id.