Minn Tribe 3M Tyco Lawsuit Targets Chemical Giants Over PFAS Contamination on Tribal Lands
America ı By Rihem Akkouche
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The Leech Lake Band of Ojibwe has launched a sweeping lawsuit against 3M Co., BASF Corp., The Chemours Co. FC, Corteva Inc., and Tyco Fire Products, claiming the chemical manufacturers unleashed a toxic legacy of forever chemicals that have seeped into the tribe’s drinking water, fish, and sacred lands.
In a complaint filed and later removed to federal court by Tyco, the tribe alleges extensive contamination from per- and polyfluoroalkyl substances (PFAS) — long-lasting synthetic compounds tied to cancer, liver disease, and developmental harm. Tests revealed PFAS levels in the tribe’s lands far exceeding federal, state, and tribal safety limits, including in the water supply feeding Bug-O-Nay-Ge-Shig School, according to the filing.
‘Forever Chemicals’ Found Across Tribal Lands
The tribe’s complaint names Hillyard Seal Finish, a floor wax product used at the school that allegedly contains PFAS made by the defendants, as one contamination source. Another, the suit says, is aqueous film-forming foam (AFFF) — a firefighting substance used for decades at airports and facilities upstream from Leech Lake.
According to the filing, PFAS from these products have migrated through landfills, wastewater systems, and composting sites, eventually finding their way into Leech Lake’s groundwater, surface water, fish, and wildlife — essential resources for the Ojibwe community.
“The companies have known for decades about PFAS toxicity,” the tribe alleges, “yet continued to market and distribute their products despite clear evidence of harm.”
The contamination, the complaint adds, will force the tribe to spend millions on testing, environmental cleanup, and medical monitoring for conditions linked to PFAS exposure.
Companies Push to Move Case to Federal Court
Tyco argued in its removal notice that the case belongs in federal jurisdiction, asserting that some of the PFAS-based products were manufactured under U.S. military specifications — qualifying for federal officer removal. The company also plans to seek transfer to South Carolina’s PFAS multidistrict litigation (MDL), where hundreds of similar AFFF-related lawsuits are consolidated.
The lawsuit includes counts of public nuisance, negligence, product liability, and unjust enrichment, as well as fraudulent transfer claims against E.I. du Pont de Nemours and Co. over its spinoff from Chemours. Additionally, the tribe seeks cost recovery under the Minnesota Environmental Response and Liability Act against 3M.
Legal Teams Prepare for a Battle Over Accountability
The Leech Lake Band of Ojibwe is represented by Lieff Cabraser Heimann & Bernstein LLP, alongside attorneys from Sonosky Chambers Sachse Endreson & Perry LLP and the tribe’s own counsel. Tyco is represented by John D. Sear of Nelson Mullins Riley & Scarborough LLP.
Attorneys for 3M, BASF, Chemours, and Corteva have not yet commented on the case.
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