Draft PFOA-S Complaint 6.19 - Attorney General of New York

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

INDEX NO. UNASSIGNED RECEIVED NYSCEF: 06/19/2018

SUPREME COURT OF THE STATE COUNTY OF ALBANY ----------------------------------------------------------------

STATE OF NEW YORK,

OF NEW YORK

X

: :

Plaintiff,

:

:

- against -

:

:

3M COMPANY,

TYCO FIRE PRODUCTS

LP,

:

CHEMGUARD,

INC., BUCKEYE

FIRE

:

EQUIPMENT

COMPANY,

NATIONAL

FOAM,

:

INC., and KIDDE-FENWAL,

INC.,

:

:

Defendants.

:

----------------------------------------------------------------

X

Index No.

SUMMONS

TO: e

M3MWVWC~ O~WMVP~ANY

TYCO FIRE PRODUCTS

LP

CHEMGUARD,

INC.

BUCKEYE

FIRE EQUIPMENT

NATIONAL

FOAM, INC.

V TAWK' K'K'XT%TT A T KIDDE-FENWAL,

TINhCT.R

COMPANY

YOU ARE HEREBY SUMMONED

to answer the attached complaint

in this action and

to serve a copy of your answer on the plaintiff's

attorney within twenty (20) days after the

service of this summons,

exclusive

of the day of service (or within thirty (30) days after service

is complete

if this summons

is not personally

delivered

to you within the State of New York).

In

case of your failure to appear or answer, judgment

will be taken against you by default for the

relief demanded

in the complaint.

Pursuant

to CPLR 503, the venue for this action is Albany

County,

because plaintiff

resides in Albany

County.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR ?202.5-b(d)(3)(i))

which, at the time of its printout from the court system's electronic website, had not yet been reviewed and

approved by the County Clerk. Because court rules (22 NYCRR ?202.5[d]) authorize the County Clerk to reject

filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk.

1 of 30

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

INDEX NO. UNASSIGNED RECEIVED NYSCEF: 06/19/2018

Dated:

Albany,

New

June 19, 2018

York

BARBARA D. UNDERWOOD

Attorney Attorney

General of the State of New York for Plaintiff

By: /s/ Matthew

J. Sinkman

Matthew

J. Sinkman

Philip Bein

Assistant

Attorneys

General

Environmental

Protection

Bureau

The Capitol

Albany,

New York 12224

Matthew.Sinkman@ag.

Philip.Bein@ag.

(212) (518)

416-8446 776-2413

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR ?202.5-b(d)(3)(i))

which, at the time of its printout from the court system's electronic website, had not yet been reviewed and

approved by the County Clerk. Because court rules (22 NYCRR ?202.5[d]) authorize the County Clerk to reject

filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk.

2 of 30

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

INDEX NO. UNASSIGNED RECEIVED NYSCEF: 06/19/2018

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ALBANY

X

STATE OF NEW YORK,

Index No.

Plaintiff,

COMPLAINT

?a" gainst?"

3M COMPANY,

TYCO FIRE PRODUCTS

LP,

CHEMGUARD,

INC., BUCKEYE

FIRE

EQUIPMENT

COMPANY,

NATIONAL

FOAM,

INC., and KIDDE-FENWAL,

INC.,

Defendants.

X

Plaintiff

State of New York

"State" (the

), by its attorney

Barbara

D. Underwood,

Attorney

General of the State of New York, as and for its complaint

against 3M Company,

Tyco Fire Products

LP, Chemguard,

Inc., Buckeye

Fire Equipment

Company,

National

Foam, Inc., and Kidde-Fenwal,

Inc. (collectively,

"defendants"),

alleges as follows:

NATURE OF THIS ACTION

1. environment

This action arises from threats to public health and contamination

caused by toxic substances

defendants' in

products.

of the

2.

Defendants

designed, manufactured,

marketed,

and sold aqueous film-forming

foam and related products

("AFFF")

throughout

New York.

that were discharged

into the environment

at or from sites

3.

AFFF is a product that has been used to extinguish

fires involving

fuel or other

flammable

liquids, including

aviation fires and fires in aircraft hangars extinguished

with

automatic

fire suppression

systems; to train firefighters;

and to test firefighting

Defendants'

AFFF products

contained

the chemical

compounds

perfluorooctanoic

equipment. acid/

perfluorooctanoate

("PFOA"),

perfluorooctane

sulfonic acid/perfluorooctane

sulfonate

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR ?202.5-b(d)(3)(i))

which, at the time of its printout from the court system's electronic website, had not yet been reviewed and

approved by the County Clerk. Because court rules (22 NYCRR ?202.5[d]) authorize the County Clerk to reject

filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk.

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CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

INDEX NO. UNASSIGNED RECEIVED NYSCEF: 06/19/2018

("PFOS"),

and/or chemical

compounds

that degrade into PFOA and/or PFOS (collectively,

"PFOA/S").

Human exposure

to PFOA is associated

with an increased

risk of kidney and

testicular

cancer, ulcerative

colitis, and other conditions.

Human exposure to PFOA and PFOS is

associated

with an increased

risk of immune

system effects, changes in liver enzymes

and

thyroid hormones,

low birthweight,

and other adverse health conditions.

4.

The State brings this action to recover (1) damages consisting

of costs incurred

and to be incurred

by the State in investigating,

monitoring,

remediating,

responding

to injuries and/or threats to public health and the environment

and otherwise defendants'

caused by

AFFF products;

and (2) damages arising from harm to the State's natural resources.

PARTIES

5.

The State, as a body politic and sovereign

entity, brings this action as parens

patriae and representative

of all residents

and citizens

of the State, as trustee and guardian

of the

State's natural resources,

and on its own behalf in its sovereign

and proprietary

capacities.

6.

On information

and belief,

defendants' defendants

AFFF products

containing

PFOA/S were

discharged

into the environment

at or from Stewart Air National

Guard Base and Stewart

International

Airport in Newburgh

and New Windsor,

New York; Francis S. Gabreski

Airport

in

Southampton,

New York; the former Plattsburgh

Air Force Base in Plattsburgh,

New York; and

the former Griffiss

Air Force Base in Rome, New York (collectively,

the "sites").

7.

Defendant

3M Company

("3M")

is a corporation

organized

under the laws of

Delaware.

On information

and belief, 3M designed,

manufactured,

marketed,

and sold AFFF

products

containing

PFOA/S that were discharged

into the environment

at or from the sites

addressed in this complaint.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR ?202.5-b(d)(3)(i))

which, at the time of its printout from the court system's electronic website, had not yet been reviewed and

approved by the County Clerk. Because court rules (22 NYCRR ?202.5[d]) authorize the County Clerk to reject

filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk.

4 of 30

CAUTION: THIS DOCUMENT HAS NOT YET BEEN REVIEWED BY THE COUNTY CLERK. (See below.)

NYSCEF DOC. NO. 1

INDEX NO. UNASSIGNED RECEIVED NYSCEF: 06/19/2018

8.

Defendant

Tyco Fire Products

LP ("Tyco")

is a limited partnership

organized

under the laws of Delaware.

On information

and belief, Tyco manufactures

the Ansul brand of

products and is the successor-in-interest

to the corporation

formerly

known as The Ansul

Company,

a corporation

organized

under the laws of Wisconsin

(The Ansul Company,

with Tyco,

"Tyco/Ansul").

On information

and belief, Tyco/Ansul

and/or its predecessors

designed,

manufactured,

marketed,

and sold AFFF products

containing

PFOA/S that were discharged

into

the environment

at or from the sites addressed in this complaint.

9.

Defendant

Chemguard,

Inc. ("Chemguard")

is a corporation

organized

under the

laws of Texas. On information

and belief, Chemguard

designed,

manufactured,

marketed,

and

sold AFFF products

containing

PFOA/S that were discharged

into the environment

at or from the

sites addressed in this complaint.

10.

Defendant

Buckeye

Fire Equipment

Company

is a corporation

organized

under

the laws of Ohio. On information

and belief, Buckeye

Fire Equipment

Company

designed,

manufactured,

marketed,

and sold AFFF products

containing

PFOA/S that were discharged

into

the environment

at or from the sites addressed in this complaint.

("

Foam"

11.

Defendant

National

Foam, Inc. ("National

Foam")

is a corporation

organized

under the laws of Delaware.

On information

and belief, National

Foam manufactures

the Angus

brand of products and is the successor-in-interest

to Angus Fire Armour

Corporation,

a

corporation

also organized

under the laws of Delaware

(National

Armour

Corporation,

"National

Foam/Angus" Foam/Angus").

On information

Foam, together with Angus Fire and belief, National

Foam/Angus

and/or its predecessors

designed, manufactured,

marketed,

and sold AFFF products

containing

PFOA/S that were discharged

into the environment

at or from the sites addressed in

this complaint.

This is a copy of a pleading filed electronically pursuant to New York State court rules (22 NYCRR ?202.5-b(d)(3)(i))

which, at the time of its printout from the court system's electronic website, had not yet been reviewed and

approved by the County Clerk. Because court rules (22 NYCRR ?202.5[d]) authorize the County Clerk to reject

filings for various reasons, readers should be aware that documents bearing this legend may not have been accepted for filing by the County Clerk.

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