3M Settles $10.3 Billion Water System Contamination Case Over ‘Forever Chemicals’

An America Based chemical manufacturer 3M Co., has recently announced that it will pay a minimum of $10.3 billion to resolve lawsuits related to the contamination of numerous public drinking water systems in the United States.

The lawsuits pertain to the presence of potentially harmful compounds known as per- and polyfluorinated substances (PFAS), which are found in firefighting foam and various consumer products, including nonstick items and grease-resistant materials.

PFAS, commonly referred to as “forever chemicals” due to their resistance to natural degradation, have been associated with various health issues such as damage to the liver, immune system, and certain types of cancer. These compounds have been detected in different concentrations in drinking water across the country. In March, the Environmental Protection Agency (EPA) proposed stringent limits for two common types of PFAS, PFOA and PFOS, and expressed its intention to regulate four other PFAS chemicals. Water providers would be responsible for monitoring their systems for the presence of these chemicals.

The settlement would resolve a specific case involving Stuart, Florida, which was among approximately 300 communities that had filed similar lawsuits against manufacturers of firefighting foam or the PFAS contained in it. The trial for this case was scheduled to take place earlier this month.

According to Mike Roman, the chairman of 3M, the settlement represents “an important step forward” and aligns with the company’s previous commitment in 2020 to phase out the production of PFOA and PFOS, as well as its investments in “state-of-the-art water filtration technology in our chemical manufacturing operations.” He further stated that 3M, headquartered in St. Paul, Minnesota, will cease all PFAS production by the end of 2025.

The settlement amount, which will be paid over a span of 13 years, could potentially reach up to $12.5 billion, depending on the number of public water systems that detect PFAS during the testing mandated by the EPA over the next three years. Scott Summy, an attorney based in Dallas who is among the lead attorneys representing the plaintiffs suing 3M and other manufacturers, confirmed this information.

“The result is that millions of Americans will have healthier lives without PFAS in their drinking water”, Summy explained. He emphasized that as a result of the settlement, millions of Americans will have healthier lives without PFAS in their drinking water.

Earlier in the month, three other companies—DuPont de Nemours Inc. and its spinoffs Chemours Co. and Corteva Inc.—reached a separate $1.18 billion agreement to resolve complaints related to PFAS contamination from approximately 300 drinking water providers. Several states, airports, firefighter training facilities, and private well owners have also filed lawsuits regarding PFAS contamination.

The lawsuits related to PFAS damages are currently pending in the U.S. District Court in Charleston, South Carolina, under the oversight of Judge Richard Gergel. Judge Gergel is handling numerous complaints concerning PFAS, and a trial for the complaint filed by the city of Stuart, Florida, was originally scheduled to commence this month but was postponed to allow for additional settlement negotiations.

The majority of these lawsuits have originated from firefighter training exercises conducted at airports, military bases, and various locations throughout the United States, where firefighting foams containing high concentrations of PFAS were frequently utilized, as stated by attorney Scott Summy.

It is important to note that the settlement reached by 3M is subject to court approval, according to Summy.

On its website, 3M acknowledges its involvement in assisting the U.S. Navy in the development of foams containing PFAS chemicals during the 1960s. The company describes these foams as “an important and life-saving tool that helped combat dangerous fires, like those caused by jet fuel.”