3M Strikes $12.5B Deal Over PFAS Contamination

Below, you will find a copy from Law360, written by Emily Field. I have reposted this article because of a recent TV program of Zembla on DUTCH TV and similar discussions in the Netherlands about #pfas chemicals related to the #pollution caused by #dupont in the Netherlands. Vewin (Association of Dutch Water Companies) KWR Water Research Institute Ministerie van Infrastructuur en Waterstaat This is the article (copy paste):

3M has entered into a $12.5 billion deal to settle claims that the company's firefighting foam contaminated a Florida city's drinking water with so-called forever chemicals. The funding will allow public service authorities to treat contamination caused by the chemicals. (AP Photo/Richard Drew, File)

The announcement of the deal comes after the first bellwether trial in the litigation was halted earlier this month after the parties told the court that a settlement was imminent. Per- and polyfluoroalkyl substances, or PFAS chemicals, known for their longevity in the environment, were long used in a broad array of products. But they have now been linked by some researchers to serious health problems like cancers and thyroid damage.

"PFAS has contaminated the entire planet, including our nation's drinking water," Gary Douglas of Douglas & London, representing the plaintiffs executive committee, said in a statement. "Holding to account those responsible for this unprecedented environmental disaster was our goal. Having the offenders pay for the cost of the remediation and cleanup is just the beginning."

On June 5, a South Carolina federal judge paused a trial set to start that morning over the Florida city of Stuart's claims that 3M firefighting foam leached PFAS into local drinking and bathing water.

The deal was announced ahead of a three-week deadline ordered by U.S. District Judge Richard Gergel to reach a binding deal or be ready for a more or less immediate rescheduled trial.

Two days before the trial was put on hold, DuPont, Chemours and Corteva reported they had struck a deal worth more than $1.1 billion with water companies around the U.S. over polluted water.

Stuart, like the other water provider plaintiffs, alleged the company contaminated its wells with the chemicals.

The plaintiffs say 3M, DuPont and others knew the "aqueous film-forming foam" contained PFAS.

3M said in a statement that the settlement provides funding for public water authorities to treat PFAS contamination. The conglomerate said that it would take a $10.3 billion pre-tax charge in the second quarter to reflect the deal, which will be paid out over 13 years. More details will be included in its filings with the U.S. Securities and Exchange Commission, the company said.

"This is an important step forward for 3M, which builds on our actions that include our announced exit of … PFOS manufacturing more than 20 years ago, our more recent investments in state-of-the-art water filtration technology in our chemical manufacturing operations, and our announcement that we will exit all PFAS manufacturing by the end of 2025," 3M CEO Mike Roman said in a statement.

The plaintiffs are represented by Napoli Shkolnik LLP, Baron and Budd LLP, Douglas & London PC,?Weitz & Luxenberg, Morgan & Morgan and Levin Papantonio.

3M is represented by Wilkinson Stekloff LLP.

The cases are City of Stuart, Florida v. The 3M Co. et al., case number 2:18-cv-03487, and In re: Aqueous Film-Forming Foams Products Liability Litigation, case number 2:18-mn-02873, both in the U.S. District Court for the District of South Carolina.

--Editing by Alex Hubbard.

Update: This article was updated to include additional counsel information for the plaintiffs. Correction: This article originally misattributed a quote by Gary Douglas. The error has been corrected.

For a reprint of this article, please contact [email protected].