Record Settlement Reached Against Companies Making PFAS Chemicals

CHARLESTON, S.C. — Consumer products company 3M Co. this week reached a settlement that could grow to $12.5 billion over its use of so-called forever chemicals, or PFAS, that contaminated U.S. drinking water sources.

It is the largest settlement over drinking water in U.S. history.

3M used PFAS to make firefighting foam for Stuart, Florida, which was the first city to file a lawsuit. It soon was joined by about 300 other communities nationwide.

The cases were consolidated into a single case in federal court in Charleston, South Carolina.

Chemical companies discarded PFAS residue after they used the chemical but it is blamed for leaching into rivers, lakes and well water, where it could linger for thousands of years.

Attorneys representing other communities that joined the lawsuit said the Florida case serves as a bellwether for liability created by PFAS nationwide.

The settlement money is supposed to be used by public utilities to treat contaminated water. The amount is starting at $10.3 billion but could increase to $12.5 billion, depending on whether additional water treatment is needed.

3M agreed to pay the money in installments over 13 years.

PFAS, or per- and polyfluoroalkyl substances, are known for their longevity before they break down in the environment. They were first used in the 1940s and now are put into hundreds of products, such as stain- and water-resistant fabrics and carpeting, cleaning products, cookware and paints.

They have been linked to health problems like cancer and damage to the thyroid and liver.

The plaintiffs said the chemical companies, which included 3M, DuPont de Nemours Inc., Chemours Co. and Corteva Inc., knew the “aqueous film-forming foam” they used in their manufacturing process contained PFAS.

Earlier this month, Chemours Co. and Corteva Inc. reached a $1.18 billion deal to resolve PFAS complaints by the same plaintiffs. Several states, airports, firefighter training facilities and private well owners also have sued.

3M officials announced they would cease all manufacturing with PFAS and its related PFOS substance.

“This is an important step forward for 3M, which builds on our actions that include our announced exit of … PFOS manufacturing more than 20 years ago, our more recent investments in state-of-the-art water filtration technology in our chemical manufacturing operations, and our announcement that we will exit all PFAS manufacturing by the end of 2025,” 3M CEO Mike Roman said in a statement.

Attorneys for the plaintiffs implied the settlement this week is only the beginning of litigation against manufacturers that use PFAS.

“PFAS has contaminated the entire planet, including our nation’s drinking water,” Michael A. London, an attorney representing the plaintiffs’ executive committee, said in a statement. “Having the offenders pay for the cost of the remediation and cleanup is just the beginning.”

Kevin Tuerff, a spokesman for the public interest group Environmental Defense Fund, told The Well News, “The cleanup funded by 3M will address some of the contamination but not all. As a result, there will be continuing health risks and costs to society from PFAS contamination. In addition, PFAS continue to be used and released in the environment, which introduces additional contamination and risk.”

The litigation against the chemicals contributed to calls in Congress for action against the contamination and a proposal by the Environmental Protection Agency for its first national drinking water standard for six PFAS chemicals.

The proposed final rule would designate PFAS as hazardous materials that are eligible for Superfund cleanup under terms of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. The rule is scheduled to be finalized in February 2024.

The designation would be bad news for chemical companies. It means any organization that handles PFAS could be liable for recovery and remediation costs of them.

They also would need to comply with new federal laws on transportation and disposal of hazardous waste. 

The cases are City of Stuart, Florida v. The 3M Co. et al., and In re: Aqueous Film-Forming Foams Products Liability Litigation, both in the U.S. District Court for the District of South Carolina.

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