3M reaches $10.3 billion settlement over contamination of water systems with ‘forever chemicals’

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3M Co., a chemical manufacturer, has announced a settlement of at least $10.3 billion to resolve lawsuits regarding the contamination of numerous public drinking water systems in the United States. The contamination resulted from the presence of potentially harmful compounds known as per- and polyfluorinated substances (PFAS), commonly referred to as “forever chemicals.” PFAS are a class of chemicals used in various products such as firefighting foam, nonstick items, and grease-resistant materials.

PFAS are called “forever chemicals” due to their resistance to natural degradation in the environment. These substances have been associated with various health issues, including damage to the liver, immune system, and certain types of cancer.

Drinking water across the country has been found to contain varying levels of PFAS. In March, the Environmental Protection Agency (EPA) proposed stringent limits on two common types of PFAS, PFOA and PFOS, and expressed its intention to regulate four other types. Water providers will be responsible for monitoring their systems for the presence of these chemicals.

The settlement resolves a case that was set to go to trial earlier this month, involving a lawsuit by Stuart, Florida, one of approximately 300 communities that filed similar suits against companies involved in the production of firefighting foam or PFAS-containing products.

3M Chairman Mike Roman referred to the settlement as a significant step forward, building upon the company’s decision in 2020 to phase out PFOA and PFOS and invest in advanced water filtration technology for its chemical manufacturing operations. The company, based in St. Paul, Minnesota, will cease all PFAS production by the end of 2025.

The settlement payment will be distributed over a period of 13 years and could amount to as much as $12.5 billion, depending on the number of public water systems detecting PFAS during the testing required by the EPA over the next three years. The funds will be used to cover the costs associated with filtering PFAS from contaminated systems and conducting testing.

Attorney Scott Summy, based in Dallas and representing plaintiffs suing 3M and other manufacturers, stated that the settlement would lead to healthier lives for millions of Americans by eliminating PFAS from their drinking water.

In a separate agreement, three other companies, DuPont de Nemours Inc., Chemours Co., and Corteva Inc., reached a $1.18 billion settlement to address PFAS complaints brought by approximately 300 drinking water providers. Multiple states, airports, firefighter training facilities, and private well owners have also filed lawsuits related to PFAS contamination.

These cases are currently pending in the U.S. District Court in Charleston, South Carolina, under the oversight of Judge Richard Gergel, who is managing numerous complaints concerning PFAS damages. The trial for Stuart, Florida’s complaint, which was scheduled for this month, has been postponed to allow further settlement negotiations.

Summy noted that the majority of lawsuits stem from the use of PFAS-laden foams in firefighter training exercises at airports, military bases, and other sites across the United States.

The 3M settlement is subject to court approval. The company’s website acknowledges its involvement in developing PFAS-containing foams for the U.S. Navy in the 1960s, emphasizing their effectiveness in combating fires caused by jet fuel. 3M maintains that its participation in the settlement does not constitute an admission of liability and is prepared to continue defending itself if the agreement is rejected in court.

Summy acknowledged that the cost of removing PFAS from U.S. water systems may eventually exceed the amounts agreed upon in the settlements. However, he believes the settlement will significantly contribute to reducing those costs and eliminate the need for prolonged litigation.

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More about water contamination settlement

• 3M reaches $10.3 billion settlement over contamination of water systems with ‘forever chemicals’ – The Washington Post
• PFAS Contamination: What You Need to Know – Environmental Protection Agency (EPA)
• Understanding PFAS – 3M
• DuPont, Chemours, Corteva agree to $1.18 billion PFAS liability settlement – Reuters
• Judge overseeing PFAS lawsuits in South Carolina – South Carolina Judicial Department