The three major chemical companies, Chemours, DuPont, and Corteva, have announced a settlement agreement in principle to pay over $1 billion to settle claims related to the contamination of drinking water across the United States with perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as "forever chemicals." PFAS have been linked to various health issues, including cancer, liver damage, and weakened immune systems. The settlement fund aims to assist in removing PFAS from public drinking water systems. However, the agreement does not resolve all the claims against the companies.
In addition to this settlement, it was reported that 3M reached a tentative deal worth "at least $10 billion" with U.S. cities and towns to address PFAS-related claims. The details of the 3M settlement have not been confirmed by the company.
Numerous communities across the country have filed lawsuits against Chemours, 3M, and other companies, alleging that their products contaminated soil and water. The plaintiffs are seeking billions of dollars in damages to address the health impacts and cleanup costs associated with the pollution. While the announced settlement is considered an important step, environmental groups caution that it will not fully resolve the issue.
The settlement with Chemours, DuPont, and Corteva, which still requires court approval, would resolve lawsuits related to water systems already affected by PFAS contamination and those required to monitor for contamination by the Environmental Protection Agency (EPA). However, it excludes some water systems and does not cover claims of environmental damage or personal injury from individuals already affected by PFAS exposure. State attorneys general have also filed new lawsuits concerning the matter.
The potential liability for 3M could be even greater, with estimates suggesting that PFAS litigation could cost the company more than $140 billion. 3M has announced plans to exit all PFAS manufacturing by the end of 2025 and work toward eliminating PFAS use in its products.
PFAS are pervasive synthetic chemicals found in the bloodstream of nearly all Americans, including newborns. A 2020 study estimated that up to 200 million Americans are exposed to PFAS through their tap water. The urgency to address PFAS contamination increased after the EPA revised its guidelines, determining that even lower levels of exposure to these chemicals could cause harm. The EPA advised that drinking water should contain no more than 0.004 parts per trillion of perfluorooctanoic acid and 0.02 parts per trillion of perfluorooctanesulfonic acid, setting near-zero levels for the substances.
The proposed regulations have faced criticism from some industry groups, who argue that the standards set by the Biden administration are impractical and would impose significant costs on manufacturers and water agencies. Compliance with the regulations would require stopping the discharge of PFAS into waterways and implementing testing and removal measures by water utilities. Some public utilities anticipate much higher costs than the EPA's estimate of $772 million annually.
The PFAS-related litigation involves over 4,000 cases filed in federal courts, primarily consolidated before a federal judge in Charleston, South Carolina, under multidistrict litigation. This consolidation streamlines the legal process for mass tort cases with common facts and allegations, facilitating discovery and depositions.
While the settlement with the three chemical companies is seen as a significant development, the list of cases against them continues to grow. State governments, such as Maryland and Rhode Island, have recently filed suits against the companies, and advocacy groups emphasize the need for stricter and enforceable regulations on PFAS chemicals.
