Maryland sues maker of Gore-Tex over pollution from toxic ‘forever chemicals’

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The state of Maryland has sued the company that produces the waterproof Gore-Tex material often used in raincoats and other outdoor gear, alleging that its leaders continued to use “forever chemicals” long after they learned of the serious health risks associated with them.

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The complaint, filed last week in federal court, focuses on a group of 13 facilities in northeastern Maryland operated by Delaware-based WL Gore & Associates. The lawsuit alleges that the company polluted the air and water around its facilities with perfluoroalkyl and polyfluoroalkyl substances, endangering the health of surrounding communities while making profits.

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The lawsuit adds to other claims filed in recent years, including a class action lawsuit on behalf of Cecil County residents in 2023 seeking Gore to foot the bill for water filtration systems, medical bills and other damages associated with decades of harmful pollution in the largely rural community.

“PFAS are linked to cancer, a weakened immune system, and can harm the ability to reproduce,” Maryland Attorney General Anthony Brown said in a statement. “It is unacceptable that any company would intentionally contaminate our drinking water with these toxins, putting Marylanders at risk for serious health conditions.”

Gore spokeswoman Donna Leinwand Leger said the company was “surprised by the Maryland Attorney General’s decision to initiate legal proceedings, especially in light of our proactive and extensive engagement with state regulators over the past two years.”

“We have worked with the State of Maryland, using the latest and most reliable science and technology to assess the potential impact of our operations and guide our ongoing collaborative efforts to protect the environment,” the company said in a statement, referring to a December 18 decision. The report contains nearly two years of groundwater testing results.

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But attorney Philip Federico, who represents plaintiffs in the class action and other lawsuits against Gore, called the company’s efforts “too little, too late.” Meanwhile, he said residents are still struggling, as one of his clients was recently diagnosed with kidney cancer.

“It’s typical corporate environmental pollution,” he said. “They’re in no hurry to fix the problem.”

Synthetic chemicals are particularly harmful because they are nearly indestructible and can accumulate in various environments, including the human body. In addition to cancer and immune system problems, exposure to certain levels of PFAS has been linked to increased cholesterol levels, reproductive health issues and delayed growth in children, according to the EPA.

Gore leaders failed to warn people living near their facilities in Maryland about the potential impacts, hoping to protect their image and avoid liability, according to the state’s lawsuit. The result was a “toxic legacy for future generations,” the lawsuit claims.

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Since the chemicals are already present in the local environment, protecting residents often means installing complex and expensive water purification systems. Private well owners have found extremely high levels of dangerous chemicals in their water, according to the class action lawsuit.

The Maryland facilities are located in a rural area across the border from Delaware, where Gore has long been a fixture in the community. The company, which today employs more than 13,000 people, was founded in 1958 after Wilbert Gore left chemical giant DuPont to start his own venture.

Its profile rose with the development of Gore-Tex, a lightweight, waterproof material created by stretching polytetrafluoroethylene, known by the brand name Teflon, which is used to coat nonstick pans. The membrane inside the Gore-Tex fabric contains billions of pores smaller than water droplets, making it especially effective for outdoor gear.

The state’s complaint traces the long-standing relationship between Gore and DuPont, arguing that information about the chemicals’ dangers had long been known within both companies as they sought to keep things quiet and increase profits. It claims that as early as 1961, DuPont scientists knew that the chemical caused harmful liver reactions in rats and dogs.

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DuPont has faced extensive lawsuits in recent years. It, along with two subsidiaries, announced a $1.18 billion deal last year to permanently resolve complaints that many U.S. drinking water systems were contaminated with chemicals.

The lawsuit filed in Maryland seeks to hold Gore liable for costs associated with the state’s ongoing investigations and cleanup efforts, among other damages. Government oversight has been intensified after lawsuits filed by residents alleging that their drinking water was contaminated.

Until then, the company had operated in Cecil County without much scrutiny.

Gore announced in 2014 that it had eliminated perfluorooctanoic acid from the raw materials used in the manufacture of Gore-Tex. Lawyers say it can still cause long-term effects because it persists for a long time in the environment.

Over the past two years, Gore has hired an environmental consulting firm to conduct testing in the area and provide bottled water and water filtration systems to residents near some Maryland facilities, according to a web page describing its efforts.

Recent testing of drinking water at residences near some Gore sites revealed levels of perfluorooctanoic acid well above what the Environmental Protection Agency considers safe, according to state officials.

State attorneys acknowledged Gore’s ongoing efforts to investigate and address the problem, but said the company needs to step up its efforts and be a better neighbor.

“While we appreciate Gore’s limited investigation to ascertain the extent of PFAS contamination around its facilities, there is still much more to be done to protect the community and the health of residents,” Maryland Environment Secretary Serena McElwain said in a statement. “We must urgently remove these chemicals forever from our natural resources, and we expect responsible parties to pay for this remedy.”

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