The manufacturer of firefighting foam that contaminated water supplies in northeastern Wisconsin with PFAS chemicals for decades has agreed to a $10 million settlement with the state, Governor Tony Evers and Attorney General Josh Kaul announced on Thursday.
The settlement comes as communities, regulators, and environmental activists across the United States grapple with the widespread challenge of PFAS contamination, often referred to as "forever chemicals" due to their persistence in the environment.
Democratic Governor Tony Evers hailed the agreement with Tyco Fire Products, a subsidiary of Johnson Controls, as a "historic and important milestone" in the fight for clean water. The lawsuit, filed in 2022, alleged that Tyco had contaminated the area around a firefighting training center in Marinette since the 1960s and failed to adequately address the pollution.
"Today's a key step toward making sure polluters are held accountable, take responsibility for their actions, and ensure Wisconsinites don't have to foot the bill for cleaning up the messes that others made," Evers said in a statement announcing the deal.
Tyco ended outdoor training sessions using PFAS-containing foam in 2017. That same year, the company began providing bottled water and water purification systems to affected residents. Tyco reports it has spent over $100 million addressing the contamination.
In a statement Thursday, Tyco expressed satisfaction with the settlement, stating it "reflects the extensive work Tyco has undertaken" to address PFAS pollution. "We've been part of the Marinette community for over 100 years, and the spirit of doing what is best for our neighbors and the environment will continue to be our priority," the company said.
PFAS chemicals are known to accumulate in the human liver, kidneys, and blood, with research linking them to an increased risk of certain cancers and developmental delays in children. They are used in nonstick cookware, carpets, outdoor gear, food packaging, and firefighting foams.
Government estimates suggest up to half of all U.S. households have some level of PFAS in their water, whether from private wells or taps. This widespread issue has spawned numerous lawsuits in Wisconsin and across the nation.
Under the settlement terms, Wisconsin will place the $10 million from Tyco into a trust fund dedicated to PFAS cleanup. Tyco also agreed to continue providing replacement wells for clean drinking water to affected residents, conduct required monitoring and reporting, and implement additional measures for long-term remediation of the area.
The lawsuit, filed by Democratic Attorney General Josh Kaul, alleged that Tyco violated state law by failing to notify regulators about a PFAS discharge and not investigating or remediating contamination around the Fire Technology Center in Marinette, a city of about 11,000 people bordering Michigan's Upper Peninsula.
Tyco officials had previously stated that the company invested "considerable resources" in investigating and remediating PFAS pollution from the Marinette facility, including offering bottled water, in-home filtration systems, and building a groundwater extraction system.
A second lawsuit filed by the state against Tyco and over a dozen other companies regarding PFAS contamination in Wisconsin remains active. The settlement announced Thursday is subject to approval by the judge overseeing the case.
