PFAS Lawsuit
3M and DuPont Settlement
In March 2024, the U.S. District Court in Charleston, South Carolina, granted final approval for a settlement between 3M and U.S. public water suppliers, addressing PFAS contamination in drinking water. The settlement, valued between $10.3 billion and $12.5 billion, is designed to support public water systems that detect PFAS at any level or may do so in the future. Payments under the agreement are scheduled to begin in the third quarter of 2024 and will continue for 13 years, provided there are no pending appeals of the final approval order.
However, some municipalities have opted out of the settlement, expressing concerns that it may not adequately address the long-term impacts of PFAS contamination. These communities are pursuing separate legal actions to hold manufacturers accountable.
Carrier Global Settlement
In October 2024, Carrier Global agreed to a $730 million settlement to resolve claims against its subsidiary, Kidde-Fenwal, over PFAS present in its firefighting foam products. The settlement aims to address allegations that the products contaminated drinking water and soil around U.S. airports and military bases. Kidde-Fenwal filed for bankruptcy in May 2023 after facing over 4,400 PFAS-related lawsuits.
BASF Corporation Settlement
In May 2024, BASF Corporation entered a class settlement with U.S. public water systems that detected PFAS in their drinking water sources. The settlement involves a contribution of $316.5 million, with $312.5 million allocated to resolve the PFAS claims and $4 million toward settlement administration costs. The settlement is subject to approval by the Multi-District Litigation (MDL) Court and other contingencies.
Solvay Polymers Settlement
In June 2023, the New Jersey Attorney General and Department of Environmental Protection announced a proposed settlement with Solvay Specialty Polymers USA, LLC, regarding PFAS pollution in and around West Deptford. The proposed settlement includes financial commitments of nearly $393 million, covering remedial activities, public water system upgrades, and compensation for natural resource damages.
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Ongoing Legal Actions
Despite these settlements, numerous lawsuits remain active, particularly concerning health impacts on individuals exposed to PFAS. Firefighters, military personnel, and residents near contaminated sites continue to pursue legal actions against manufacturers. For instance, the U.S. military has acknowledged widespread PFAS contamination at 578 out of 710 military bases but has been criticized for slow remediation efforts.
Regulatory and Environmental Developments
The Environmental Protection Agency (EPA) has unveiled a new plan to address PFAS, including new studies and pollution guidelines. However, health advocates remain skeptical due to a lack of concrete enforcement measures and the rollback of environmental protections during the previous administration. PFAS have been detected in 45% of U.S. tap water and most Americans’ bloodstreams, raising concerns about the effectiveness of current regulations.
Summary
The landscape of PFAS litigation is evolving, with significant settlements reached in some cases, while others continue to unfold. Affected individuals and communities are encouraged to stay informed about ongoing legal actions and regulatory developments. For those seeking legal recourse, consulting with an attorney experienced in environmental law and toxic torts is advisable.
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