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Update:
- A South Carolina federal judge preliminarily approved a $12.5 billion reworked settlement between 3M and public water systems nationwide over per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” contaminating water supplies.
- U.S. District Judge Richard Gergel approved the new deal, which changed wording from the previous settlement proposal but not the terms or payment schedule.
- The settlement creates a fund of up to $12.5 billion to pay water systems that detect PFAS and testing for those that do not know yet if they are part of the class.
- 3M and the public water systems reached the settlement after five years in the courts, including 37.4 million pages of discovery documents and more than 160 depositions.
3M forever chemicals overview:
- Who: 3M agreed to an up to $12.5 billion settlement with public water systems across the United States.
- Why: 3M agreed to the consolidated settlement with local water systems that have detected per- and polyfluoroalkyl substances in their systems.
- Where: The multidistrict litigation has been consolidated in federal court in South Carolina.
(June 26, 2023)
3M has agreed to pay up to $12.5 billion to public water systems across the United States as part of a settlement related to per- and polyfluoroalkyl substances (PFAS) “forever chemicals” contamination in drinking water systems throughout the country.
The cases have been consolidated in U.S. District Court in South Carolina before Judge Richard Gergel. The settlement comes a few weeks after a $1.2 billion settlement between DuPont, Chemours and Corteva with 300 drinking water providers across the country, the first settlement of the consolidated multidistrict litigation on drinking water contamination.
“PFAS has contaminated the entire planet, including our nation’s drinking water,” said lead trial counsel Gary J. Douglas of Douglas and London. “As a result, it is found in the blood of virtually every American. Holding to account those responsible for this unprecedented environmental disaster was our goal.
“Having the offenders pay for the cost of the remediation and cleanup is just the beginning. Tens of millions of Americans will now be the beneficiaries of this historic multi-billion dollar settlement. Our fight for safe drinking water will continue until every American is safe from the risk of harm posed by PFAS.”
3M was one of several manufacturers accused of selling PFAS-containing products they knew would contaminate the environment and lead to human health issues such as cancer, according the the forever chemicals lawsuit.
3M is the only company that manufactured aqueous film-forming foam (AFFF) containing PFAS, and thus was accused of having a large portion of responsibility for the drinking water contamination, according the the lawsuit.
Settlement subject to judge’s approval before distribution, further testing
The 3M forever chemicals settlement still needs approval from Judge Gergel before funds can be distributed to water systems across the country and used to test water supplies to see if PFAS 3M forever chemicals are present.
3M has vowed to stop manufacturing PFAS forever chemicals by 2035.
Do you believe that your city’s water has been contaminated with PFAS chemicals? Let us know in the comments.
The plaintiffs in the MDL are represented by Michael A. London of Douglas & London PC, Scott Summy of Baron Budd and Paul J. Napoli of Napoli Shkolnik.
The PFAS MDL is case number 2:18-mn-02873, in U.S. District Court for the District of South Carolina.
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