Traverse City, Mich.— Chemical manufacturer 3M Co. has announced that it will pay a minimum of $10.3 billion to settle lawsuits related to the contamination of numerous public drinking water systems in the United States with potentially hazardous compounds. These compounds, known as per- and polyfluorinated substances (PFAS), are commonly used in products such as firefighting foam, nonstick cookware, and clothing. PFAS, also referred to as “forever chemicals” due to their resistance to degradation, have been linked to various health issues, including liver damage, immune system problems, and certain types of cancer.
PFAS have been detected at different levels in drinking water across the country. In March, the Environmental Protection Agency (EPA) proposed strict limits on two common types of PFAS, PFOA and PFOS, and expressed its intention to regulate four additional types. The responsibility of monitoring the presence of these chemicals in their systems falls on water providers.
The settlement will resolve a case involving Stuart, Florida, which is one of approximately 300 communities that have filed similar lawsuits against companies involved in the production of firefighting foam or PFAS-containing products.
In 2020, 3M made the decision to phase out the production of PFOA and PFOS and invested in advanced water filtration technology for its chemical manufacturing operations. The company’s chairman, Mike Roman, described the settlement as a significant step forward. However, 3M emphasized that its participation in the settlement does not imply any admission of liability, and it remains prepared to defend itself in court if necessary.
The settlement payments, spread over 13 years, could reach up to $12.5 billion depending on the number of public water systems that detect PFAS during the required testing within the next three years. The funds will go towards the costs of filtering PFAS from affected systems and conducting further testing.
According to attorney Scott Summy, one of the lead attorneys representing the plaintiffs, the settlement will result in healthier drinking water for millions of Americans. In a separate agreement, DuPont de Nemours Inc., Chemours Co., and Corteva Inc. recently reached a $1.18 billion settlement to address PFAS complaints from around 300 drinking water providers.
The cases related to PFAS damages are currently before U.S. District Court in Charleston, South Carolina, under the oversight of Judge Richard Gergel. Many of these lawsuits originated from firefighter training exercises that extensively employed foam containing high levels of PFAS.
3M’s involvement in the settlement is still subject to court approval. The company acknowledged its role in developing PFAS-containing foams for the U.S. Navy in the 1960s, highlighting the importance of these foams in combating hazardous fires caused by jet fuel.
It is important to note that the cost of removing PFAS from U.S. water systems could ultimately exceed the settlement amounts. However, Summy believes that this settlement will make a significant impact on reducing that cost and avoiding protracted litigation over the next decade or longer.
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