In a letter, Attorney General Steve Marshall told the West Morgan-East Lawrence Water Authority that Minnesota’s successful $850 million lawsuit against 3M over drinking water contamination followed different laws than exist in Alabama.
Marshall also writes that he’s glad to meet with the water authority to discuss the issue, but he says that from the time he took office in February 2017 until now, “I am not aware of any effort by the West Morgan – East Lawrence Water and Sewer Authority or any other plaintiff to contact or meet with me about litigation regarding PFOA and PFOS contamination of the Tennessee River.” The AG’s letter follows the water authority’s request to Marshall and Gov.
Ivey responded Wednesday.
“I understand the concerns of the residents in the Morgan/Lawrence County area,” Ivey wrote.
We will also be working with the Attorney General’s Office to research the request of the West Morgan/East Lawrence Water and Sewer Authority.
Marshall said his office is diligently studying the issue, but there are challenges.
“I will note that the State of Minnesota, which your letter references, was able to proceed in litigation under specific theories of liability found in Minnesota state law,” Marshall wrote.
The water authority says it needs a reverse osmosis system which was estimated to cost about $25 million to install, but WMEL officials now say that number will be much higher.
Marshall’s letter Thursday, contending the water authority had not contacted him, follows up on a point raised by the authority in its letter last week.
“We simply requested that the Alabama Attorney General intervene in our case on behalf of Alabamians in the same way that the Attorney General of Minnesota, 3M’s home state, intervened on behalf of his citizens.” But, the letter contends, after Strange’s appointment to the U.S. Senate replacing Jeff Sessions, “the process stalled completely.” Marshall’s letter to the authority says, “It has been the longstanding policy of this office to refrain from publicly commenting on potential litigation, but I would welcome a private discussion of your request.”