Michigan settles first of many PFAS cases with Brighton-area company

(FOX 2) - Michigan has settled the first of many cases involving companies accused of contaminating the environment with ‘forever chemicals’ such as PFAS, the attorney general announced Monday.

Under the conditions of a consent decree agreed upon by both the state and Fowlerville-based Asahi Kasei Plastics North America, Inc., the manufacturer would be required to investigate the extent of its PFAS contamination in the surrounding water and land, as well as develop a plan that addresses the pollution.

Assistant Attorney General Polly A. Synk says the money expected from the settlement will be in the "multiple millions" amount. It will take a while to determine a specific amount since the company needs to investigate where the pollutants reached.

Currently, the scope of the contamination is not fully known.

The company will work with the Michigan Department of Environment, Great Lakes, and Energy during its investigation. 

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Asahi will also pay court and attorney fees - but wasn't expected to be sued for punitive damages, Synk said. However, any residents that do claim they were harmed by the contamination could sue the company, she added.

Attorney General Dana Nessel said none of the costs from the case would be paid for by taxpayers.

"This settlement reflects my promise to protect the public and the environment from the harmful impacts of PFAS and hold companies responsible for contamination," Nessel said in a statement. "My office and I will continue to pursue that goal, in court or cooperatively."

Asahi, which is located in Livingston County near the Brighton area, builds plastic that can be found in "automotive, pool and spa, industrial, furniture, housing and construction," according to the website. 

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It was one of 17 companies named in a lawsuit filed by the AG's office in 2020. It was eventually separated from the larger lawsuit and moved to Livingston County Circuit Court. Five other similar cases still haven't been resolved.

PFAS, or per- and polyfluoroalkyl substances), is an odorless, invisible chemical that was used by many manufacturers years before it became publicly associated with cancer cases. Since it's widespread use, the chemical has been found in everything from freshwater fish to blood.