By Patrick McArdle

NORTH BENNINGTON —- The international company targeted in a multimillion-dollar class-action lawsuit over PFOA contamination is asking a federal court to dismiss or stay the lawsuit because the company is in litigation with the state of Vermont.

The complaint, filed in May, asks that Saint-Gobain pay damages for the effects the PFOA contamination found in a number of private wells in North Bennington and Bennington has had on residents.

Filed by two Bennington County law firms, a Middlebury firm and a North Carolina law firm that filed a PFOA-related class action suit in its home state last year, the complaint accuses Saint-Gobain of negligence in disposing of PFOA.

It also accuses the company of trespass because PFOA was found in private wells, and battery for harming a drinking water supply.

This, a Brattleboro law firm, Downs, Rachlin, Martin joined a New York City law firm in filing a memorandum of law that asked the court to delay moving forward on the class-action lawsuit. The memorandum said that was necessary because Saint-Gobain was challenging the state’s standard for PFOA which, the attorneys said, is the most stringent in the world.

PFOA, or perfluorooctanoic acid, a laboratory chemical used in products such as stain-resistant clothing and water-resistant fabrics, has been linked to health problems such as liver and testicular cancer.

The Environmental Protection Agency has set an advisory of 70 parts per trillion, but the Vermont Department of Health has set an advisory standard of 20 parts per trillion of perfluorinated chemicals such as PFOA.

“This level is the lowest set by any state, federal or even foreign government,” the memorandum said. “Public comments to the Vermont Agency of Natural Resources reflect concern regarding the promulgation of the enforcement standards and designations regarding PFOA, and Saint-Gobain is challenging the PFOA Groundwater Rules in the Vermont state courts on substantive and procedural grounds. As a matter of science, Vermont public policy and administrative procedure, these rules should not stand.”

The memo argues that parts of the class-action lawsuit are based on the 20 parts per trillion standard. The lawsuit should not be allowed to proceed while that standard is being challenged, the memo said.

“Indeed, because Plaintiffs premise their claims and their proposed class on the PFOA Groundwater Rules, claims by dozens upon dozens of potential class members are impacted by the outcome of the state court actions currently being litigated,” the memo said.

A class-action lawsuit, such as this one, names some people who are believed to be representative of a certain class but, if successful, could affect many others if it establishes a certain class of people can be identified and that they suffered harm.

The complaint against Saint-Gobain would identify those whose wells have shown an elevated level of PFOA, according to the Vermont standard that residents should not use water if PFOA is present at levels higher than 20 parts per trillion.

In an email, attorney Patrick Bernal said the motion to dismiss was not a surprise.

“Defendants typically file motions like this, even though they rarely succeed,” he said. “We will oppose this motion vigorously and proceed with the case. We look forward to bringing our case before a Vermont jury.”

The memo says there is legal precedent for the federal court to abstain from taking up a case in order to give a state and its agencies, in this case the Vermont Departments of Health, Natural Resources and Environmental Conservation to determine their own policies and laws without bumping up against other ongoing litigation.

A spokeswoman for Saint-Gobain said Thursday the company had no comment beyond what was in the legal filing.

Bernal said the law firms involved in the class-action case will hold an informational meeting at 5:30 p.m. Aug. 9, at the business office for the Old First Church in Bennington at Monument Circle.

patrick.mcardle @rutlandherald.com