Emerald Coast Utilities Authority (“ECUA”) became aware of a potential issue in 2006 when outside parties contacted it concerning possible PFOA and PFOS exposure in the wells.
In 2009, ECUA sued Solutia (formerly Monsanto) chemical company in federal court, claiming that the company contaminated all of ECUA’s 32 wells with PFOA or PFOS toxic chemicals. ECUA’s expert testified that there could be a correlation between the high birth defect rate in Escambia County, specifically for musculoskeletal and heart defects, and PFOS and PFOA exposure. The Court declined to apply a bright-line rule that a plaintiff cannot suffer injury should the chemicals at issue not exceed any federal or state maximum contaminant level. But the Court did find that the contamination levels did not exceed the maximum contaminant level and plaintiff failed to show that it had suffered any injury as a result of the presence of chemicals in its water supply.