In collaboration with a small group of firms leading the AFFF multi-district litigation efforts, SL Environmental Law Group announces a tentative settlement, worth between $10.3 and $12.5 billion, by the 3M Company to settle lawsuits over ‘forever chemicals’ in drinking water supplies. If approved by the court, it will be the largest water contamination settlement in US history and a critical step toward ensuring that people across the country have access to safe drinking water. News of the 3M settlement comes on the heels of the announcement of a similar settlement on behalf of DuPont and related companies, which would create a separate $1.185 billion fund for PFAS impacts to water systems.
“Through its efforts on behalf of water systems across the country impacted by PFAS, SL Environmental is proud to have brought about this settlement with 3M – an important step toward heralding a new era of corporate accountability,” said Ken Sansone, partner at SL Environmental. “The 3M settlement is incredibly significant, as it represents a huge stride toward securing funds for water systems across the country to offset the high costs of PFAS contamination. We are dedicated to ensuring taxpayers are not bearing the burden of costly remediation efforts and that those who polluted are held accountable. There is still a long road ahead, and SL Environmental is here to see it through.”
In 2021, the Environmental Protection Agency (EPA) released the fifth Unregulated Contaminant Monitoring Rule (UCMR 5), which added 29 per- and polyfluoroalkyl substances (PFAS) compounds to the list of regulated contaminants. Public water systems serving between 3,300 and 10,000 people are required to complete sampling no later than 2025, and systems with detectable levels of PFAS in at least one supply source would be eligible for a share of the up to $12.5 billion in funds provided in the proposed class action settlement.
Sansone adds, “The latest proposed EPA regulations set an MCL of 4 parts per trillion for PFOS and PFOA, and low levels for other PFAS compounds. At these concentrations, the impact on drinking water providers will be significant. We would encourage water systems that have detected PFAS, at any level, to look carefully at the proposed class action settlements. A law firm with experience in this area will be critical in helping fully understand and navigate the process.”
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