$316.5M BASF settlement resolves PFAS in drinking water claims

BASF settlement overview: 

• Who: BASF agreed to a $316.5 million settlement with a nationwide class of public water systems. 
• Why: The water systems claimed that BASF contaminated public drinking water systems with “forever chemicals.”
• Where: The BASF settlement comes in a multi-district litigation in federal court in South Carolina.

Chemical company BASF has agreed to a $316.5 million settlement with a nationwide class of public water systems over claims that BASF contaminated public drinking water systems with “forever chemicals.”

The settlement includes $314.5 million to the settlement class of public water systems that found per- and polyfluoroalkyl substances (PFAS) chemicals in their water before May 15. BASF did not admit to any wrongdoing in the settlement.

The BASF settlement is in connection with a multi-district litigation (MDL) in federal court in South Carolina but does not resolve all claims in the case.

“Like the ones before it, this settlement will serve the interests of the communi!es affected by providing funds that will be invested into the health and safety of the nation’s water supply. Conversations with other defendants continue,” attorneys for the BASF settlement class said in a statement.

Communities the find PFAS in drinking water after May 15 can file new claims

Any municipality that finds PFAS in drinking water after May 15 will be permitted to file a new claim.

BASF plans to pay the $4 million on or about July 15, 2024, and $312.5 million on March 1, 2025.

The same South Carolina federal court that approved the BASF settlement also preliminarily approved a $1.2 billion settlement between DuPont, Chemours, Corteva and over 300 drinking water suppliers over the release of PFAS into drinking water in August 2023. The court additionally approved a $12.5 billion reworked settlement between 3M and public water systems nationwide in September 2023.

Has your community found PFAS in its drinking water? Let us know in the comments.

The plaintiff is represented by Scott J. Ferrell of Pacific Trial Attorneys APC.

The plaintiffs are represented by Michael A. London of Douglas & London PC, Scott Summy of Baron & Budd PC, Paul J. Napoli of Napoli Shkolnik PLLC and Joe Rice of Motley Rice LLC. 

BASF is represented by Matthew A. Holian and Jessica Wilson of DLA Piper LLP US. 

The BASF settlement was reached in Re: Aqueous Film-Forming Foams Products Liability Litigation, Case No. 2:18-mn-02873, in the U.S. District Court for the District of South Carolina.

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