Kalispel Tribe files lawsuit over contaminated water

AIRWAY HEIGHTS – The Kalispel Tribe of Indians has filed a $21.27 million lawsuit against companies including 3M and Tyco Fire Products along with the United States government over chemicals used in firefighting foam that have contaminated drinking water sources in Airway Heights.

The lawsuit filed Monday, March 30, in federal court in Washington joins others around the country dealing with alleged harmful effects of polyfluoroalkyl substances, referred to as PFAS, used in firefighting foam and other products. Fairchild Air Force Base is reported to have used firefighting foam containing PFAS and PFOS, perfluorooctanoate, in its operations.

The chemicals were discovered in individual water wells near the base in late 2016. As more wells were found to be contaminated, the geographical area of the Air Force’s testing expanded, eventually including the city’s three wells which tested positive, with the Air Force notifying the tribe in May 2017.

“That’s when we got the results back as well,” City Manager Albert Tripp said in an April 6 phone interview.

The results forced city officials to find alternate sources of water including temporary distribution of bottled water. Airway Heights also forged an agreement with the city of Spokane for purchasing water from its aquifer — water that also went to Northern Quest Resort & Casino.

“The Tribe doesn’t have any well sources on their property,” Tripp said. “They are 100 percent dependent on the city.”

According to Cheney Free Press stories, the Air Force tested 368 wells through November 2018, of which 86 were found to have contamination levels for the chemicals above the federal Environmental Protection Agency’s official limit of 70 parts per trillion. When tested in 2017, Airway Heights’ municipal wells had concentrations of PFAS and PFOA of 1,400 — 1,500 parts per trillion.

In a story in the online publication Law360 about the lawsuit, the Tribe noted it had been buying water from Airway Heights for years without knowing of any contamination resulting from the base’s use of the firefighting foam from at least the early 1970s. Data has shown the PFAS and PFOA — referred to as “forever chemicals in the suit” — last possibly for decades in the environment before breaking down.

“PFAS are bio-accumulative in humans and other organisms,” the suit claims. “Scientific studies have associated exposure to PFAS with carcinogenicity, toxicity and developmental defects in humans. Scientific studies also demonstrate that exposure from drinking contaminated water is harmful to health.”

Several lawsuits have sprung up nationally regarding these chemicals. The Kalispel’s suit alleges company officials knew about the harmful effects of these chemicals for years but hid the facts from the public.

Tyco and 3M officials deny the allegations.

“3M acted responsibly in connection with its manufacture and sale of aqueous film-forming foam and will vigorously defend its record of environmental stewardship,” the company said in a statement quoted by Law360.

Locally, at least three other lawsuits have been filed involving over 100 individuals affected by the contamination. In May 2019 Airway Heights sent a letter to the Air Force and the Department of Defense demanding they pay $47 million in damages as a result of the 2017 contamination to the city’s water supply.

Besides covering the cost of the intertie with Spokane, the largest part of the notice — about $45.6 million — would go towards replacement of the entire Airway Heights water system. The city is looking at hiring a firm to conduct a hydrogeological survey of the area, Tripp said, just in case the Air Force’s own analysis of the impacts of the contamination recommends treatment rather than replacement.

John McCallum can be reached at [email protected].