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PFAS detections on Nantucket “extremely concerning”

7/9/25

By: Noël Couch and Kevin G. Kenneally

An investigation by the Massachusetts Department of Environmental Protection revealed that water testing around Nantucket showed “extremely concerning” detections of per- and poly-fluoroalkyl substances (PFAS) at private wells. PFAS, also known as “forever chemicals,” include a broad class of manmade, highly stable chemicals that exhibit both grease- and water-repelling properties and are alleged to cause a host of negative health effects, including certain types of cancer.  

Notably, a water sample from the area of the intersection of Hummock Pond Road and Burnt Swamp Lane on the island was found to be more than six (6) times the state’s threshold for safe drinking water and is considered an “imminent hazard” by the state. 

PFAS has previously been detected on Nantucket, where, in recent years, state and local experts have found signs that the chemicals are present in areas across the island. Previously known PFAS contamination hotspots have reportedly included areas near the Nantucket Memorial Airport and Toms Way. The recent “imminent hazard” detections were outside of those areas. Nationwide consolidated litigation concerning the alleged connection between fire-fighting foam used at airports to PFAS found in groundwater or aquifers, and seeking remediation and costs of filtration as damages, is pending in a South Carolina federal court (the so-called AFFF Multi-District Litigation). 

Nantucket has a new environmental contamination administrator focused solely on PFAS mitigation, testing, research, communication and education. More testing is likely to lead to more detection of PFAS. The chemicals have been described as “ubiquitous,” and the Centers for Disease Control and Prevention (CDC) estimates that most people in the U.S. have been exposed to PFAS and nearly all have PFAS in their blood. 

On Nantucket, the source of the PFAS contamination at some locations may still be unknown. Source identification and chemical “fingerprinting” that links specific chemical manufacturers to the particular contaminant provides essential proof in lawsuits alleging harm from PFAS. In the case of In RE: E.I. du Pont de Nemours and Co. C-8 Personal Injury Litigation (Hardwick v. 3M Company, et al.), No. 22-3765 (6th Cir., dated 11/27/2023), the Court found the proposed class action to be improper because it sought damages for all alleged harm to every state resident from only a small number of companies, many of which were not shown as the source of harm to the lead plaintiff or to any class member. There is concern that insurers and product manufacturers beyond chemical makers could be drawn into litigation concerning PFAS since the products are incorporated into industrial, medical and household products. Litigation alleging PFAS exposure as a cause of myriad health problems is being filed across the nation.  

FMG and the Mass Tort and PFAS team represent clients in complex litigation, including defense against claims that allege injury from PFAS exposure, including the South Carolina AFFF MDL. As professionals in the field focused on client representation when it counts, FMG stays informed and knowledgeable about the science of PFAS and its effects on human health. For more information, contact  Noël Couch at noel.couch@fmglaw.com or Kevin G. Kenneally at kevin.kenneally@fmglaw.com. 

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.