Duncan to participate in group legal action regarding PFAS chemicals

Duncan Public Utilities Authority has made the decision to participate in a class-action lawsuit against the manufacturers and distributors of products containing harmful water contaminants that could impact the city’s water supply. This includes polyfluoroalkyl substances (PFAS) and aqueous film-forming foams. PFAS are artificial substances that have the potential to seep into the water system and are associated with cancer risks due to their enduring nature in the environment and the human body. Aqueous film-forming foams, which include PFAS, are deployed to combat hard-to-control fires, such as fuel fires.

The decision to join this lawsuit was approved at a special meeting on April 4, where Duncan officials agreed to be represented by Oklahoma City-based law firms, Fulmer Sill and McAfee, and Taft. The lawsuit was already in motion by other parties, aiming to hold manufacturers and distributors accountable for the presence of these contaminants in the water supply. While an initial offer to participate in a PFAS-related lawsuit was turned down approximately a year ago, the circumstances surrounding the city’s water sources at that time led to the decision not to pursue legal action.

Despite lower levels of PFAS-related contamination in Duncan’s water supply compared to other systems, the city saw no harm in joining the lawsuit since it could potentially benefit from any settlements secured. Furthermore, participation in the lawsuit would assist Duncan in meeting regulations set forth by the Environmental Protection Agency concerning PFAS in public water systems. With costs likely to be incurred in the process of adhering to EPA guidelines, any funds recovered through settlements could be directed towards compliance efforts and reducing contamination in the water.

City Manager Chris Deal emphasized that Duncan’s water system has shown trace levels of PFAS, specifically measuring at one part per trillion. While these levels are minute, the city has continuously worked to address water contaminants, including trihalomethanes. The city has been proactive and diligent in implementing measures to counteract various types of impurities present in the water supply.

Moreover, the decision to ally with Fulmer Sill and McAfee and Taft in pursuing this lawsuit enables Duncan to stand alongside public water systems that have already successfully resolved cases with major manufacturers like 3M and DuPont. While Duncan joins the second class of claimants, the submission deadline for the city’s claims was April 8, prompting a swift special meeting on April 1 for the approval process. Fees incurred by the law firms will be contingent on actual settlements and will not be sourced from the city’s general funds or any specialized account. By engaging in this legal action, Duncan aims to safeguard its water quality and protect its residents from potentially harmful contaminants, even at minimal levels.