A federal district court judge has given the final approval to a multi-billion-dollar settlement between public water suppliers impacted by “forever chemicals” and the company 3M, as announced by the parties on Monday.
Per the provisions of the agreement, the Minnesota-based chemical manufacturer will pay these utilities between $10.5 billion and $12.5 billion, depending on the level of contamination. This will be done according to a payment schedule that extends through 2036.
The settlement, sanctioned by U.S. District Judge Richard Gergel in South Carolina on Friday, relates to multi-district litigation (MDL) that consolidated thousands of cases against the producers of a type of firefighting foam that contains these chemicals, known as per- and polyfluoroalkyl substances (PFAS).
Releases of this “aqueous film-forming foam” — some of which was manufactured by 3M and has long been used to combat fuel-based fires at military bases, civilian airports, and industrial sites — have been impacting neighboring water systems and communities for many years.
Known for their persistence in the body and the environment, PFAS have been associated with cancers and other serious illnesses. There are numerous types of PFAS — substances present not only in the firefighting foam but also in industrial waste and various household products.
“This is yet another important step forward for 3M as we continue to deliver on our priorities,” said 3M chairman and CEO Mike Roman in a statement. “The final approval of this settlement and continued progress toward exiting all PFAS manufacturing by the end of 2025 will further our efforts to reduce risk and uncertainty as we move forward.” a statementThe finalization of this settlement comes two months after a similar but smaller,
$1.18 billion agreement with DuPont de Nemours, along with its spinoff firms Chemours and Corteva. While the settlements between the chemical manufacturers and the public water systems have now been completed, the broader MDL is far from over. Other complaints, structured into general categories, include municipal property owners, personal injuries, medical monitoring cases, and federal government challenges.
For now, the class counsel from the AFFF MDL Plaintiffs’ Executive Committee — lawyers Elizabeth Fegan, Michael London, Paul Napoli, Joe Rice, and Scott Summy — expressed their approval of the agreement, noting in a joint statement that water providers “will now have the funds they need to begin fixing the harm PFAS chemicals have caused to our nation’s drinking water.”
However, the attorneys emphasized that they “are pleased with this agreement, several defendants remain in the litigation and have yet to answer for their role in this contamination crisis.”
“Our goal throughout this litigation has been to hold those who polluted our public water systems accountable for their actions and for the harm inflicted upon millions of Americans,” the statement said. “No amount of money can fully compensate for the damage done, but we believe this settlement is fair and reasonable.”
The attorneys stressed that while they “are pleased with this agreement, several defendants remain in the litigation and have yet to answer for their role in this contamination crisis.”
“We will keep moving forward in court with the focus on the health and wellness of our country and its citizens,
