Missoula, MT – Butte-Silver Bow County has become the latest local government to join a growing class action lawsuit against manufacturers of firefighter turnout gear, accusing them of knowingly using harmful chemicals in their products. The chemicals in question are part of a group known as PFAS (per- and polyfluoroalkyl substances), which are often referred to as “forever chemicals” due to their persistence in the environment and the human body.
The lawsuit, filed in U.S. District Court on April 2, alleges that these chemicals pose significant health risks to firefighters. According to county officials, over one million firefighters in the United States could be at risk due to exposure to PFAS while performing their duties. Firefighters who wear turnout gear made with these chemicals are at an elevated risk of developing cancer, with some studies suggesting that up to 70% of firefighters may eventually die from the disease—far higher than the general population.
Matt Enrooth, the Butte-Silver Bow County Attorney, emphasized the urgency of the issue. “We are here to help better our community, and when something like this comes about, we jump on it. We get on it right away,” Enrooth said. He also explained that law firms from Kalispell, Billings, and an out-of-state firm specializing in federal cases contacted his office about the litigation.
The lawsuit accuses manufacturers of firefighter turnout gear of intentionally concealing the risks associated with PFAS and failing to provide safer, PFAS-free alternatives. “These are chemicals that do not degrade; they remain in the environment for a very, very long time,” Enrooth noted, adding that PFAS can be found not only in firefighting gear but also in everyday products like carpets, shampoo, and even yoga pants.
Ash Klann, an attorney from the Seattle-based law firm Hagens Berman Sobol Shapiro LLP, which represents Butte-Silver Bow County in the case, pointed out the gravity of the situation. “The manufacturers of firefighter turnout gear colluded in attempting to conceal the risks of PFAS in turnout gear, all the while failing to provide PFAS-free options, despite at all relevant times being technologically and economically feasible,” Klann stated.
The financial burden of replacing turnout gear made with these chemicals is also a major concern for the county. With each set of turnout gear costing approximately $3,000, Butte-Silver Bow estimates that it would need around $500,000 to replace the gear for its career and volunteer fire departments. The county hopes the lawsuit will help secure funding to cover this significant cost.
“Firefighter turnout gear is not only expensive but also necessary to support first responders saving lives and staying safe while doing so,” said Steve Berman, managing partner at Hagens Berman. He added that fire departments across the country should not have to shoulder the financial burden of replacing gear that was found to be unsafe. “We believe fire departments across the nation have shouldered the financial responsibility of replacing turnout gear upon learning of the risks of PFAS, and we believe they deserve help.”
Butte-Silver Bow County’s decision to join the lawsuit signals a larger movement to hold manufacturers accountable for the use of dangerous chemicals in firefighter protective equipment. The outcome of this case could have wide-reaching implications for fire departments nationwide, potentially paving the way for more legal action against manufacturers and leading to a shift toward safer alternatives in turnout gear.
The case is one of several PFAS-related lawsuits currently pending across the United States. As awareness of the dangers posed by these chemicals grows, local governments and public safety officials are increasingly seeking legal recourse to protect their communities and ensure the safety of first responders.
For now, Butte-Silver Bow County is focusing on securing the resources necessary to protect its firefighters from the long-term health risks associated with PFAS. The outcome of this litigation could not only provide financial relief for the county but also set a crucial precedent for other jurisdictions grappling with similar issues.
