FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:09 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`Index No. _________/2022
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`SUMMONS
`
`Venue is designated pursuant to
`CPLR § 503(a) & (c) in that the
`contamination occurred in this
`county.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`DUTCHESS COUNTY
`----------------------------------------------------------------------X
`DUTCHESS COUNTY WATER AND WASTEWATER
`AUTHORITY; AND SCHREIBER WATER SYSTEM,
`
`
`
`Plaintiff,
`
`
`-against -
`
`THE 3M COMPANY, f/k/a Minnesota Mining and
`Manufacturing Co., AGC CHEMICALS AMERICAS INC.,
`AMEREX CORPORATION, ARKEMA INC.,
`ARCHROMA U.S. INC., BASF CORPORATION,
`individually and as successor in interest to Ciba Inc.,
`BUCKEYE FIRE EQUIPMENT COMPANY, CARRIER
`GLOBAL CORPORATION, CHEMDESIGN PRODUCTS
`INC., CHEMGUARD INC. CHEMICALS, INC.,
`CLARIANT CORPORATION, individually and as
`successor in interest to Sandoz Chemical Corporation,
`CORTEVA, INC., individually and as successor in interest
`to DuPont Chemical Solutions Enterprise, DEEPWATER
`CHEMICALS, INC., DUPONT DE NEMOURS INC.,
`individually and as successor in interest to DuPont
`Chemical Solutions Enterprise, DYNAX CORPORATION,
`E. I. DUPONT DE NEMOURS AND COMPANY,
`individually and as successor in interest to DuPont
`Chemical Solutions Enterprise, KIDDE-FENWAL, INC.,
`individually and as successor in interest to Kidde Fire
`Fighting, Inc., NATION FORD CHEMICAL COMPANY,
`NATIONAL FOAM, INC., THE CHEMOURS
`COMPANY, individually and as successor in interest to
`DuPont Chemical Solutions Enterprise, THE CHEMOURS
`COMPANY FC, LLC, individually and as successor in
`interest to DuPont Chemical Solutions Enterprise, and
`TYCO FIRE PRODUCTS, LP, individually and as
`successor in interest to The Ansul Company, and DOE
`DEFENDANTS 1-20, fictitious names whose present
`identities are unknown,
`
`
` Defendants.
`----------------------------------------------------------------------X
`
`
`
`
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`FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:09 PM
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`
`
`
`
`To the above-named Defendant:
`
`
`You are hereby summoned to answer the Complaint in this action, and to serve a copy of
`
`your Answer, or, if the Complaint is not served with this Summons, to serve a Notice of
`
`Appearance on the Plaintiffs’ attorneys within twenty (20) days after the service of this Summons,
`
`exclusive of the day of service, where service is made by delivery upon you personally within the
`
`state, or, within thirty (30) days after completion of service where service is made in any other
`
`manner. In case of your failure to appear or answer, judgment will be taken against you by default
`
`Napoli Shkolnik, PLLC
`Attorneys for Plaintiff
`
`
`/s/ Patrick Lanciotti____
`Patrick Lanciotti, Esq.
`360 Lexington Avenue
`Eleventh Floor
`New York, NY 10017
`
`for the relief demanded in the Complaint.
`
`Dated: New York, New York
` October 14, 2022
`
`
`
`To:
`
`3M COMPANY
`c/o Corporation Service Company
`251 Little Falls Drive
`Wilmington, New Castle, DE 19808
`
`AGC CHEMICALS AMERICAS INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`2 of 58
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`RECEIVED NYSCEF: 10/14/2022
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`
`
`
`AMEREX CORPORATION
`c/o James M. Proctor II
`2900 Highway 280
`Suite 300
`Birmingham, AL 35223
`
`ARCHROMA U.S. INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`ARKEMA INC.
`900 First Avenue
`King of Prussia, PA 19406
`
`BASF CORPORATION
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`BUCKEYE FIRE EQUIPMENT COMPANY
`c/o A Haon Corporate Agent, Inc.
`29225 Chagrin Blvd, Suite 350
`Pepper Pike, OH 44122
`
`CARRIER GLOBAL CORPORATION
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`CHEMDESIGN PRODUCTS INC.
`c/o Corporation Service Company
`251 Little Falls Drive
`Wilmington, New Castle, DE, 19808
`
`CHEMGUARD INC.
`
`3 of 58
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`
`c/o The Prentice-Hall Corporation System, Inc.
`251 Little Falls Drive
`Wilmington, New Castle, DE, 19808
`
`CHEMICALS, INC.
`c/o Ashok K. Moza
`12321 Hatcherville
`Baytown, TX 77520
`
`CLARIANT CORPORATION
`c/o Corporation Service Company
`8040 Excelsior Drive, Suite 400
`Madison, WI 53717
`
`CORTEVA, INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`DEEPWATER CHEMICALS, INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`DUPONT DE NEMOURS INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`DYNAX CORPORATION
`c/o Corporate Systems LLC
`3500 S. Dupont Highway
`Dover, DE 19901
`
`E. I. DUPONT DE NEMOURS AND COMPANY
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
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`RECEIVED NYSCEF: 10/14/2022
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`
`KIDDE-FENWAL, INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`NATION FORD CHEMICAL COMPANY
`c/o John A. Dickson, IV
`2300 Bank Street
`Fort Mill, SC 29715
`
`NATIONAL FOAM, INC.
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`THE CHEMOURS COMPANY
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`THE CHEMOURS COMPANY FC, LLC
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
`TYCO FIRE PRODUCTS LP
`c/o The Corporation Trust Company
`Corporation Trust Center
`1209 Orange Street
`Wilmington, DE 19801
`
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`Index No. _________/2022
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`COMPLAINT AND DEMAND
`FOR JURY TRIAL
`
`Trial by jury is desired in the
`County of Dutchess
`
`Venue is designated pursuant to
`CPLR § 503(a) & (c) in that the
`contamination occurred in this
`county.
`
`SUPREME COURT OF THE STATE OF NEW YORK
`DUTCHESS COUNTY
`----------------------------------------------------------------------X
`DUTCHESS COUNTY WATER AND WASTEWATER
`AUTHORITY; AND SCHREIBER WATER SYSTEM,
`
`Plaintiffs,
`
`
`-against -
`
`THE 3M COMPANY, f/k/a Minnesota Mining and
`Manufacturing Co., AGC CHEMICALS AMERICAS INC.,
`AMEREX CORPORATION, ARKEMA INC.,
`ARCHROMA U.S. INC., BASF CORPORATION,
`individually and as successor in interest to Ciba Inc.,
`BUCKEYE FIRE EQUIPMENT COMPANY, CARRIER
`GLOBAL CORPORATION, CHEMDESIGN PRODUCTS
`INC., CHEMGUARD INC. CHEMICALS, INC.,
`CLARIANT CORPORATION, individually and as
`successor in interest to Sandoz Chemical Corporation,
`CORTEVA, INC., individually and as successor in interest
`to DuPont Chemical Solutions Enterprise, DEEPWATER
`CHEMICALS, INC., DUPONT DE NEMOURS INC.,
`individually and as successor in interest to DuPont
`Chemical Solutions Enterprise, DYNAX CORPORATION,
`E. I. DUPONT DE NEMOURS AND COMPANY,
`individually and as successor in interest to DuPont
`Chemical Solutions Enterprise, KIDDE-FENWAL, INC.,
`individually and as successor in interest to Kidde Fire
`Fighting, Inc., NATION FORD CHEMICAL COMPANY,
`NATIONAL FOAM, INC., THE CHEMOURS
`COMPANY, individually and as successor in interest to
`DuPont Chemical Solutions Enterprise, THE CHEMOURS
`COMPANY FC, LLC, individually and as successor in
`interest to DuPont Chemical Solutions Enterprise, and
`TYCO FIRE PRODUCTS, LP, individually and as
`successor in interest to The Ansul Company, and DOE
`DEFENDANTS 1-20, fictitious names whose present
`identities are unknown,
`
`
`
` Defendants.
`----------------------------------------------------------------------X
`
`
`
`
`
`
`
`6 of 58
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`FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:09 PM
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Plaintiffs DUTCHESS COUNTY WATR AND WASTEWATER AUTHORITY AND
`
`SCHREIBER WATER SYSTEM (“Plaintiffs”), by and through their undersigned counsel, hereby
`
`file this Complaint against Defendants, 3M COMPANY, f/k/a Minnesota Mining and
`
`Manufacturing Co., AGC CHEMICALS AMERICAS INC., AMEREX CORPORATION,
`
`ARKEMA INC., ARCHROMA U.S. INC., BASF CORPORATION, BUCKEYE FIRE
`
`EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN
`
`PRODUCTS INC., CHEMGUARD INC., CHEMICALS, INC., CLARIANT CORPORATION,
`
`CORTEVA, INC., DEEPWATER CHEMICALS, INC., DUPONT DE NEMOURS INC.,
`
`DYNAX CORPORATION, E. I. DUPONT DE NEMOURS AND COMPANY, KIDDE-
`
`FENWAL, INC., NATION FORD CHEMICAL COMPANY, NATIONAL FOAM, INC., THE
`
`CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, and TYCO FIRE
`
`PRODUCTS, LP, and DOE DEFENDANTS 1-20, fictitious names whose present identifies are
`
`unknown (collectively “Defendants”) and alleges, upon information and belief, as follows:
`
`INTRODUCTION
`
`1.
`
`This action arises from the foreseeable contamination of groundwater by the use of
`
`aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl
`
`substances (“PFAS”), including perfluorooctane sulfonate (“PFOS”) and perfluorooctanoic acid
`
`(“PFOA”).
`
`2.
`
`PFOS and PFOA are fluorosurfactants that repel oil, grease, and water. PFOS,
`
`PFOA, and/or their chemical precursors, are or were components of AFFF products, which are
`
`firefighting suppressant agents used in training and firefighting activities for fighting Class B fires.
`
`Class B fires include fires involving hydrocarbon fuels such as petroleum or other flammable
`
`liquids.
`
`
`
`2
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`3.
`
`PFOS and PFOA are mobile, persist indefinitely in the environment, bioaccumulate
`
`in individual organisms and humans, and biomagnify up the food chain. PFOS and PFOA are also
`
`associated with multiple and significant adverse health effects in humans, including but not limited
`
`to kidney cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and
`
`pregnancy-induced hypertension.
`
`4.
`
`At various
`
`times from
`
`the 1960s
`
`through
`
`today, Defendants designed,
`
`manufactured, marketed, distributed, and/or sold AFFF products containing PFOS, PFOA, and/or
`
`their chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the
`
`fluorosurfactants and/or perfluorinated chemicals (“PFCs”) contained in AFFF (collectively,
`
`“AFFF/Component Products”).
`
`5.
`
`Defendants designed, manufactured, marketed, distributed, and/or sold
`
`AFFF/Component Products with the knowledge that these toxic compounds would be released
`
`into the environment during fire protection, training, and response activities, even when used as
`
`directed and intended by Defendants.
`
`6.
`
`Since its creation in the 1960s, AFFF designed, manufactured, marketed,
`
`distributed, and/or sold by Defendants, and/or that contained fluorosurfactants and/or PFCs
`
`designed, manufactured, marketed, distributed, and/or sold by Defendants, used as directed and
`
`intended by Defendants, and subsequently released into the environment during fire protection,
`
`training, and response activities, resulting in widespread PFAS contamination.
`
`7.
`
`New York State has established a MCL of 10 parts per trillion (ppt) each for PFOA
`
`and PFOS in public drinking water supplies. This new standard went into effect in August 2020.
`
`8.
`
`On June 15, 2022, the EPA released new drinking water health advisory levels
`
`(HALs) for four PFAS, including new interim HALs of 0.02 ppt for PFOS and 0.004 ppt for PFOA.
`
`
`
`3
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`8 of 58
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`FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:09 PM
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`9.
`
`Plaintiff, Dutchess County Water and Wastewater Authority (“DCWWA”),
`
`currently owns and operates thirteen water systems, six sewer systems, and one water transmission
`
`system located within ten different municipalities, collectively serving over 5,500 residential and
`
`commercial customers. One of these thirteen water systems is the Schreiber Water System
`
`(“SWS”).
`
`10.
`
`The SWS system serves seventy (70) residents through twenty-three (23) service
`
`connections. The SWS operates its own water system that contains two (2) drilled wells on the
`
`SWS property located off Hillside Avenue. These wells are located 1.2 miles from the Wingdale
`
`Fire House.
`
`11.
`
`Plaintiff, DCWWA, tested the SWS wells. Results indicated that Wells # 2 and 3,
`
`and the distribution system, has detectable amounts of PFOS and PFOA. Results for PFOS ranged
`
`from 0.513 ppt to 0.579 ppt.
`
`12.
`
`The Wingdale Fire House (“WFH”) is located at 6376 State Rte. 55, Wingdale New
`
`York, 12594.
`
`13.
`
`On information and belief, the WFH has used PFAS foams to extinguish petroleum-
`
`based fires across the state. AFFF was regularly used and stored at the Fire Department and
`
`released into the environment.
`
`14.
`
`On information and belief, the above contamination is a direct and proximate result
`
`of repeated, long term and widespread AFFF that sold and distributed by the Manufacturing
`
`Defendants, and were applied, discharged, disposed of, or otherwise released at, at various times,
`
`and in various amounts onto the lands and/or water in the vicinity of the County of Dutchess and
`
`the SWS.
`
`
`
`4
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`9 of 58
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`15.
`
`In order to ensure that it can continue to provide clean and safe water to residences
`
`and businesses, Plaintiff has and will continue to take action to address the above contamination
`
`of its property and its potable water supply, caused by the Defendants.
`
`16.
`
`Such action includes, but is not limited to, additional testing and monitoring for
`
`PFAS, planning, designing, purchasing, installing, and maintaining water filtration systems to
`
`remove these chemicals, infrastructure modifications, contingency planning, public notice, and
`
`outreach.
`
`17.
`
`Due to the persistent and long-term nature of PFAS contamination, Plaintiff is
`
`expected to suffer damages and incur the costs associated with these and other necessary remedial
`
`actions for many years to come.
`
`18.
`
`These and other costs will be incurred by Plaintiff as a direct and proximate result
`
`of Defendants’ wrongful acts and omissions.
`
`19.
`
`The DCWWA and the SWS should not have to bear these costs; they should be
`
`borne by the Defendants, who are responsible for the PFAS contamination.
`
`JURISDICTION AND VENUE
`
`20.
`
`Upon information and belief, this Court has personal jurisdiction over Defendants
`
`because each of them is doing business in New York by manufacturing, distributing, producing,
`
`and marketing products, services and/or materials in this State and/or to this State.
`
`21.
`
`At all relevant times to the Complaint, Defendants conducted business in New York
`
`and thereby availed themselves of the legal rights in New York.
`
`22.
`
`Defendants have had systematic and continuous commercial contacts with New
`
`York to establish jurisdiction over them pursuant to CPLR § 302.
`
`
`
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`23.
`
`This Court has personal jurisdiction over the defendants as each of them are doing
`
`business in New York and engage in business in New York such that it is reasonably foreseeable
`
`that they would be subject to the jurisdiction of the courts of this State.
`
`24.
`
`Defendant Clariant Corporation is incorporated in the State of New York.
`
`PARTIES
`
`Plaintiffs
`
`The DCWWA brings this action as the owner and operator of SWS that sustained
`
`A.
`
`25.
`
`detections of PFOA/PFOS in its water and sustained or will sustain financial damages as a result.
`
`26.
`
`Plaintiff, the DCWWA, is a municipal corporation duly organized and existing by
`
`virtue of the laws of the State of New York with its principal place of business at 22 Market St,
`
`Poughkeepsie, NY 12601.
`
`27.
`
`Plaintiff, SWS, is a water system owned and operated by the DCWWA, and located
`
`at 25 Hillside Avenue, Wingdale, New York 12594.
`
`28.
`
`Plaintiffs supply potable water to residents and customers in the exercise of its
`
`powers, duties, and responsibilities as a local governmental entity.
`
`29.
`
`In carrying out its duties, Plaintiffs are acting for the benefit of the public and for
`
`the protection of the health, welfare, and prosperity of its customers.
`
`B.
`
`30.
`
`Defendants
`
`The term “Defendants” refers to all Defendants named herein jointly and severally.
`
`i.
`
`The AFFF Defendants
`
`31.
`
`The term “AFFF Defendants” refers collectively to Defendants 3M Company,
`
`Angus International Safety Group, Ltd., Amerex Corporation, Buckeye Fire Equipment Company,
`
`Carrier Global Corporation, Central Sprinkler, LLC, Chemguard Inc., Fire Products GP Holding,
`
`
`
`6
`
`11 of 58
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`LLC, Johnson Controls International PLC, Kidde-Fenwal, Inc., National Foam, Inc.., and Tyco
`
`Fire Products L.P.,
`
`32.
`
`Defendant The 3M Company f/k/a Minnesota Mining and Manufacturing Co.
`
`(“3M”) is a corporation organized and existing under the laws of the State of Delaware, with its
`
`principal place of business located at 3M Center, St. Paul, Minnesota 55144-1000.
`
`33.
`
`Beginning before 1970 and until at least 2002, 3M designed, manufactured,
`
`marketed, distributed, and sold AFFF containing PFAS, including but not limited to PFOA and
`
`PFOS.
`
`34.
`
`Defendant Amerex Corporation (“Amerex”) is a corporation organized and
`
`existing under the laws of the State of Alabama, with its principal place of business located at 7595
`
`Gadsden Highway, Trussville, AL 35173.
`
`35.
`
`Amerex is a manufacturer of firefighting products. Beginning in 1971, it was a
`
`manufacturer of hand portable and wheeled extinguishers for commercial and industrial
`
`applications.
`
`36.
`
`In 2011, Amerex acquired Solberg Scandinavian AS, one of the largest
`
`manufacturers of AFFF products in Europe.
`
`37.
`
`On information and belief, beginning in 2011, Amerex designed, manufactured,
`
`marketed distributed, and sold AFFF containing PFAS, including but not limited to PFOA and
`
`PFOS.
`
`38.
`
`Defendant Tyco Fire Products LP (“Tyco”) is a limited partnership organized
`
`under the laws of the State of Delaware, with its principal place of business located at One Stanton
`
`Street, Marinette, Wisconsin 54143-2542.
`
`
`
`7
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
`
`39.
`
`Tyco is the successor in interest of The Ansul Company (“Ansul”), having acquired
`
`Ansul in 1990.
`
`40.
`
`Beginning in or around 1975, Ansul designed, manufactured, marketed, distributed,
`
`and sold AFFF containing PFAS, including but not limited to PFOA and PFOS.
`
`41.
`
`After Tyco acquired Ansul in 1990, Tyco/Ansul continued to design, manufacture,
`
`market, distribute, and sell AFFF products containing PFAS, including but not limited to PFOA
`
`and PFOS.
`
`42.
`
`Defendant Chemguard, Inc. (“Chemguard”) is a corporation organized under
`
`the laws of the State of Texas, with its principal place of business located at One Stanton Street,
`
`Marinette, Wisconsin 54143.
`
`43.
`
`On information and belief, Chemguard designed, manufactured, marketed,
`
`distributed, and sold AFFF products containing PFAS, including but not limited to PFOA and
`
`PFOS.
`
`44.
`
`On information and belief, Chemguard was acquired by Tyco International Ltd. in
`
`2011.
`
`45.
`
`On information and belief, Tyco International Ltd. later merged into its subsidiary
`
`Tyco International plc in 2014 to change its jurisdiction of incorporation from Switzerland to
`
`Ireland.
`
`46.
`
`Defendant Buckeye Fire Equipment Company (“Buckeye”) is a corporation
`
`organized under the laws of the State of Ohio, with its principal place of business located at 110
`
`Kings Road, Kings Mountain, North Carolina 28086.
`
`47.
`
`On information and belief, Buckeye designed, manufactured, marketed, distributed,
`
`and sold AFFF products containing PFAS, including but not limited to PFOA and PFOS.
`
`
`
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`FILED: DUTCHESS COUNTY CLERK 10/14/2022 04:09 PM
`NYSCEF DOC. NO. 1
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
`
`48.
`
`Defendant National Foam, Inc. (“National Foam”) is a corporation organized
`
`under the laws of the State of Delaware, with its principal place of business located at 141 Junny
`
`Road, Angier, North Carolina 27501.
`
`49.
`
`Beginning in or around 1973, National Foam designed, manufactured, marketed,
`
`distributed, and sold AFFF containing PFAS, including but not limited to PFOA and PFOS.
`
`50.
`
`On information and belief, National Foam currently manufactures the Angus brand
`
`of AFFF products and is a subsidiary of Angus International Safety Group.
`
`51.
`
`On information and belief, National Foam merged with Chubb Fire Ltd. to form
`
`Chubb National Foam, Inc. in or around 1988.
`
`52.
`
`On information and belief, Chubb is or has been composed of different subsidiaries
`
`and/or divisions, including but not limited to, Chubb Fire & Security Ltd., Chubb Security, PLC,
`
`Red Hawk Fire & Security, LLC, and/or Chubb National Foam, Inc. (collectively referred to as
`
`“Chubb”).
`
`53.
`
`54.
`
`On information and belief, Chubb was acquired by Williams Holdings in 1997.
`
`On information and belief, Angus Fire Armour Corporation had previously been
`
`acquired by Williams Holdings in 1994.
`
`55.
`
`On information and belief, Williams Holdings was demerged into Chubb and Kidde
`
`P.L.C. in or around 2000.
`
`56.
`
`On information and belief, when Williams Holdings was demerged, Kidde P.L.C.
`
`became the successor in interest to National Foam System, Inc. and Angus Fire Armour
`
`Corporation.
`
`57.
`
`On information and belief, Kidde P.L.C. was acquired by United Technologies
`
`Corporation in or around 2005.
`
`
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`58.
`
`On information and belief, Angus Fire Armour Corporation and National Foam
`
`separated from United Technologies Corporation in or around 2013.
`
`59.
`
`Defendant Kidde-Fenwal, Inc. (“Kidde-Fenwal”) is a corporation organized
`
`under the laws of the State of Delaware, with its principal place of business at One Financial Plaza,
`
`Hartford, Connecticut 06101.
`
`60.
`
`On information and belief, Kidde-Fenwal was an operating subsidiary of Kidde
`
`P.L.C. and manufactured AFFF following Kidde P.L.C.’s acquisition by United Technologies
`
`Corporation.
`
`61.
`
`On information and belief, Kidde-Fenwal is the entity that divested the AFFF
`
`business unit now operated by National Foam in 2013.
`
`62.
`
`Defendant Carrier Global Corporation (“Carrier”) is a corporation organized
`
`under the laws of the State of Delaware, with its principal place of business at 13995 Pasteur
`
`Boulevard, Palm Beach Gardens, Florida 33418.
`
`63.
`
`On information and belief, Carrier was formed in March 2020 when United
`
`Technologies Corporation spun off its fire and security business before it merged with Raytheon
`
`Company in April 2020.
`
`64.
`
`On information and belief, Kidde-Fenwal became a subsidiary of Carrier when
`
`United Technologies Corporation spun off its fire and security business in March 2020.
`
`65.
`
`On information and belief, the AFFF Defendants designed, manufactured,
`
`marketed, distributed, and sold AFFF products containing PFOS, PFOA, and/or their chemical
`
`precursors that were stored, handled, used, trained with, tested equipment with, otherwise
`
`discharged, and/or disposed at County of Dutchess, NY and the SWS.
`
`
`
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`ii.
`
`The Fluorosurfactant Defendants
`
`66.
`
`The term “Fluorosurfactant Defendants” refers collectively to Defendants 3M, ,
`
`Arkema Inc., BASF Corporation, ChemDesign Products Incorporated, Chemguard Inc.,
`
`Deepwater Chemicals, Inc., E.I. DuPont de Nemours and Company, The Chemours Company, The
`
`Chemours Company FC, LLC, DuPont de Nemours Inc., and Dynax Corporation.
`
`67.
`
`Defendant Arkema Inc. is a corporation organized and existing under the laws of
`
`Pennsylvania, with its principal place of business at 900 First Avenue, King of Prussia, PA 19406.
`
`68.
`
`69.
`
`70.
`
`Arkema Inc. develops specialty chemicals and polymers.
`
`Arkema, Inc. is an operating subsidiary of Arkema France, S.A.
`
`On information and belief, Arkema Inc. designed, manufactured, marketed,
`
`distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical precursors
`
`for use in AFFF products.
`
`71.
`
`Defendant BASF Corporation (“BASF”) is a corporation organized under the
`
`laws of the State of Delaware, with its principal place of business located at 100 Park Avenue,
`
`Florham Park, New Jersey 07932.
`
`72.
`
`On information and belief, BASF is the successor-in-interest to Ciba. Inc. (f/k/a
`
`Ciba Specialty Chemicals Corporation).
`
`73.
`
`On information and belief, Ciba Inc. designed, manufactured, marketed,
`
`distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical precursors
`
`for use in AFFF products.
`
`74.
`
`Defendant ChemDesign Products Inc. (“ChemDesign”) is a corporation
`
`organized under the laws of Delaware, with its principal place of business located at 2 Stanton
`
`Street, Marinette, WI, 54143.
`
`
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
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`75.
`
`On information and belief, ChemDesign designed, manufactured, marketed,
`
`distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical precursors
`
`for use in AFFF products
`
`76.
`
`Defendant Deepwater Chemicals, Inc. (“Deepwater”) is a corporation organized
`
`under the laws of Delaware, with its principal place of business located at 196122 E County Road
`
`40, Woodward, OK, 73801.
`
`77.
`
`On information and belief, Deepwater Chemicals designed, manufactured,
`
`marketed, distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical
`
`precursors for use in AFFF products
`
`78.
`
`Defendant Dynax Corporation (“Dynax”) is a corporation organized under the
`
`laws of the State of Delaware, with its principal place of business located at 103 Fairview Park
`
`Drive, Elmsford, New York 10523.
`
`79.
`
`On information and belief, Dynax entered into the AFFF market on or about 1991
`
`and quickly became a leading global producer of fluorosurfactants and fluorochemical stabilizers
`
`containing PFOS, PFOA, and/or their chemical precursors.
`
`80.
`
`On information and belief, Dynax designed, manufactured, marketed, distributed,
`
`and sold fluorosurfactants and fluorochemical stabilizers containing PFOS, PFOA, and/or their
`
`chemical precursors for use in AFFF products.
`
`81.
`
`Defendant E.I. du Pont de Nemours & Company (“DuPont”) is a corporation
`
`organized under the laws of the State of Delaware, with its principal place of business located at
`
`974 Centre Road, Wilmington, Delaware 19805.
`
`
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`INDEX NO. 2022-53293
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`82.
`
`Defendant The Chemours Company (“Chemours Co.”) is a limited liability
`
`company organized under the laws of the State of Delaware, with its principal place of business
`
`located at 1007 Market Street, P.O. Box 2047, Wilmington, Delaware, 19899.
`
`83.
`
`In 2015, DuPont spun off its performance chemicals business to Chemours Co.,
`
`along with vast environmental liabilities which Chemours Co. assumed, including those related to
`
`PFOS and PFOA and fluorosurfactants. On information and belief, Chemours Co. has supplied
`
`fluorosurfactants containing PFOS and PFOA, and/or their chemical precursors to manufacturers
`
`of AFFF products.
`
`84.
`
`On information and belief, Chemours Co. was incorporated as a subsidiary of
`
`DuPont as of April 30, 2015. From that time until July 2015, Chemours Co. was a wholly-owned
`
`subsidiary of DuPont.
`
`85.
`
`In July 2015, DuPont spun off Chemours Co. and transferred to Chemours Co. its
`
`“performance chemicals” business line, which includes its fluoroproducts business, distributing
`
`shares of Chemours Co. stock to DuPont stockholders, and Chemours Co. has since been an
`
`independent, publicly-traded company.
`
`86.
`
`Defendant The Chemours Company FC, LLC (“Chemours FC”) is a limited
`
`liability company organized under the laws of the State of Delaware, with its principal place of
`
`business located at 1007 Market Street, Wilmington, Delaware, 19899.
`
`87.
`
`Defendant Corteva, Inc. (“Corteva”) is a corporation organized and existing
`
`under the laws of Delaware, with its principal place of business at 974 Centre Rd., Wilmington,
`
`Delaware 19805.
`
`88.
`
`Defendant Dupont de Nemours Inc. f/k/a DowDuPont, Inc. (“Dupont de
`
`Nemours Inc.”) is a corporation organized and existing under the laws of Delaware, with its
`
`
`
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`principal place of business at 974 Centre Road, Wilmington, Delaware 19805 and 2211 H.H. Dow
`
`Way, Midland, Michigan 48674.
`
`89.
`
`On June 1, 2019, DowDuPont separated its agriculture business through the spin-
`
`off of Corteva.
`
`90.
`
`Corteva was initially formed in February 2018. From that time until June 1, 2019,
`
`Corteva was a wholly-owned subsidiary of DowDuPont.
`
`91.
`
`On June 1, 2019, DowDuPont distributed to DowDuPont stockholders all issued
`
`and outstanding shares of Corteva common stock by way of a pro-rata dividend. Following that
`
`distribution, Corteva became the direct parent of E. I. Du Pont de Nemours & Co.
`
`92.
`
`Corteva holds certain DowDuPont assets and liabilities, including DowDuPont’s
`
`agriculture and nutritional businesses.
`
`93.
`
`On June 1, 2019, DowDuPont, the surviving entity after the spin-off of Corteva and
`
`of another entity known as Dow, Inc., changed its name to DuPont de Nemours, Inc., to be known
`
`as DuPont (“New DuPont”). New DuPont retained assets in the specialty products business lines
`
`following the above-described spin-offs, as well as the balance of the financial assets and liabilities
`
`of E.I DuPont not assumed by Corteva.
`
`94.
`
`Defendants E. I. Du Pont de Nemours and Company; The Chemours Company;
`
`The Chemours Company FC, LLC; Corteva, Inc.; and DuPont de Nemours, Inc. are collectively
`
`referred to as “DuPont” throughout this Complaint.
`
`95.
`
`On information and belief, DuPont designed, manufactured, marketed, distributed,
`
`and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical precursors for use in
`
`AFFF products.
`
`
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`14
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`INDEX NO. 2022-53293
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`RECEIVED NYSCEF: 10/14/2022
`
`96.
`
`On information and belief, 3M and Chemguard also designed, manufactured,
`
`marketed, distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or their chemical
`
`precursors for use in AFFF products.
`
`97.
`
`On
`
`information and belief,
`
`the Fluorosurfactant Defendants designed,
`
`manufactured, marketed, distributed, and sold fluorosurfactants containing PFOS, PFOA, and/or
`
`their chemical precursors for use in AFFF products that were stored, handled, used, trained with,
`
`tested equipment with, otherwise discharged, and/or disposed at County of Dutchess, NY and the
`
`SWS.
`
`iii.
`
`The PFC Defendants
`
`98.
`
`The term “PFC Defendants” refers collectively to 3M, AGC Chemicals Americas
`
`Inc., Archroma U.S. Inc., ChemDesign Products Inc., Chemicals, Inc., Clariant Corporation,
`
`Deepwater Chemicals, Inc., E. I. DuPont de Nemours and Company, The Chemours Company,
`
`The Chemours Company FC, LLC, Corteva, Inc., DuPont de Nemours Inc., and Nation Ford
`
`Chemical Company.
`
`99.
`
`Defendant AGC Chemicals Americas, In