Water utilities across the nation agreed to settle claims over PFAS contamination against 3M for $12.5 billion, ending one phase of litigation that is likely to cost the manufacturer billions of dollars more.
The proposed class settlement would pay water companies to treat PFAS, a class of chemicals that persist in groundwater and human tissue for years, leading to the nickname “forever chemicals.” The chemicals are a key component in firefighting foam that fire departments and the military have used for decades, allowing PFAS to leach into surrounding soil.
The federal government is attempting to set a maximum contaminant level for PFAS, even as groups call the move premature. Much of the research regarding their effect on the human body is disputed.
The settlement came after the judge overseeing federal multidistrict litigation in South Carolina earlier this month ordered a halt to proceedings so 3M and plaintiff lawyers could iron out an agreement. In a situation similar to litigation over asbestos and opioids, 3M still faces lawsuits by individuals and others over PFAS, which it manufactured for years and is found in everything from nonstick pans to cosmetics.
Napoli Shkolnik, Motley Rice and Baron & Budd were lead lawyers for the plaintiffs. The settlement, exact details of which are not yet available, likely will produce hundreds of millions of dollars in fees for the firms, which will also participate in more than $2 billion in fees from representing state and municipal governments in opioid litigation.
“There is more work to do, and our team is committed to holding companies like 3M responsible for their contribution to one of the gravest environmental and public health disasters in history,” said Napoli Shkolnik Partner Andrew Croner in a news release announcing the settlement.
DuPont, Chemours and Corteva earlier settled similar claims for $1.2 billion. Other defendants range from firefighting products manufacturer Kidde-Kenwal, which filed for bankruptcy in May over the cost of PFAS lawsuits; National Foam; Tyco Fire Products; BASF; Carrier Global; W.L. Gore Associates; and state and federal governments.