(CN) — Attorneys involved in the settlement discussions say 3M’s agreement to pay at least $10.3 billion over water contaminated with toxic “forever chemicals” is the first major step towards cleaning up public water systems for millions of Americans.
The chemical and manufacturing giant will pay out the settlement over 13 years to public water suppliers across the country to test for and clean up perfluoroalkyl and polyfluoroalkyl chemicals, known as PFAS. The payout could reach as high as $12.5 billion, depending on the number of public water suppliers that detect PFAS during EPA-required testing in the next three years.
The so-called “forever chemicals” are used in everything from firefighting foam to household items like carpeting and nonstick coatings. As their moniker suggests, PFAS do not degrade naturally.
If approved by a South Carolina federal judge, the settlement will allow 3M to avoid legal claims in a multidistrict litigation case over its manufacturing of products containing PFAS. Cities and municipalities suing the company alleged that 3M knew the chemicals caused developmental issues, liver damage, cancer and other health problems.
“3M knowingly polluted the world with its cancer-causing chemicals that are now found in the blood of 98% of Americans,” said Wes Bowden, an attorney with Levin Papantonio Raffety and a member of the plaintiffs’ executive committee in the multidistrict litigation, in a statement Friday. “This settlement provides the critical funding needed to protect Americans and remove these toxic substances from our nation’s drinking water.”
The agreement would settle a case involving a claim by the city of Stuart, Florida, which had been scheduled for a June trial. The city claimed that its water supply was contaminated by firefighting foam containing PFAS which had been used for decades in fire department training exercises.
Attorney Gary Douglas of Douglas & London, co-lead trial counsel in the bellwether case, said on Thursday that the goal of the litigation was to hold those responsible accountable for “this unprecedented environmental disaster.”
“Having the offenders pay for the cost of the remediation and cleanup is just the beginning,” Douglas said. “Our fight for safe drinking water will continue until every American is safe from the risk of harm posed by PFAS.”
Mike Roman, the chairman and CEO of 3M, called the agreement “an important step forward for 3M” in a statement released Thursday. The company has pledged to cease manufacturing the controversial chemicals by the end of 2025.
The settlement funds will help water providers fund water testing and infrastructure to immediately clean up drinking water supplies. The money will also fund ongoing maintenance to ensure drinking water safety.
Although the company said the settlement covers remediation to water suppliers that detect PFAS “at any level or may do so in the future,” 3M has said it is not admitting any liability.
The proposed settlement follows a similar agreement earlier this month by Chemours, DuPont and Corteva to pay $1.19 billion to settle claims over drinking water contaminated by “forever chemicals.”
The agreement also coincides with a new urgency to clean up PFAS spurred by national drinking water standards proposed by the U.S. Environmental Protection Agency in March. For the first time, the Biden administration put forward a plan to require public water systems to monitor for six PFAS known to occur in drinking water.
If the multi-billion dollar settlement is not approved, 3M has said it is prepared to continue defending itself against litigation.
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