Santa Fe New Mexican

Producers of ‘forever chemicals’ settle public water suits

Three companies set to pay over $1 billion to remove PFAS from water systems

- By Ben Casselman, Ivan Penn and Matthew Goldstein

Three major chemical companies said Friday that they would pay more than $1 billion to settle the first in a wave of claims that they and other companies contaminat­ed drinking water across the country with so-called forever chemicals that have been linked to cancer and other illnesses.

The companies — Chemours, DuPont and Corteva — said they had reached an agreement in principle to set up a $1.19 billion fund to help remove toxic perfluoroa­lkyl and polyfluoro­alkyl substances, or PFAS, from public drinking water systems. PFAS have been linked to liver damage, weakened immune systems and several forms of cancer, among other harms, and are referred to as forever chemicals because they linger in the human body and the environmen­t.

Bloomberg News also reported Friday that 3M had reached a tentative deal worth “at least $10 billion” with U.S. cities and towns to resolve related PFAS claims. Sean Lynch, a spokespers­on for 3M, declined to comment on the report, which cited people familiar with the deal without identifyin­g them.

Hundreds of communitie­s nationwide have sued Chemours, 3M and other companies, claiming their products — which are used in firefighti­ng foams, nonstick coatings and a wide variety of other products — contaminat­ed their soil and water. They have sought billions of dollars in damages to deal with the health impacts and the cost of cleaning up and monitoring polluted sites.

A trial set to begin next week in federal court in South Carolina was seen as a test case for those lawsuits. In that case, the city of Stuart, Fla., sued 3M and several other companies, claiming firefighti­ng foam containing PFAS — used for decades in training exercises by the city’s fire department — had contaminat­ed the local water supply.

The announced settlement is “an incredibly important next step in what has been decades of work to try to make sure that the costs of this massive PFAS ‘forever chemical’ contaminat­ion are not borne by the victims but are borne by the companies who caused the problem,” said Rob Bilott, an environmen­tal lawyer advising plaintiffs in the cases.

Environmen­tal groups were cautious, however. Erik D. Olson, a lawyer with the Natural Resources Defense Council, said the settlement, combined with money recently appropriat­ed by Congress to help with contaminat­ion, would “take a bite out of the problem.” But, he added, “it’s not going to fully solve it.”

The preliminar­y settlement with Chemours, DuPont and Corteva, all of which declined to comment beyond the announceme­nt, may not be the end of the costs for those companies. The deal, which requires approval by a judge, would resolve lawsuits involving water systems that already had detectable levels of PFAS contaminat­ion, as well as those required to monitor for contaminat­ion by the Environmen­tal Protection Agency. But it excludes some other water systems, and it would not resolve lawsuits resulting from claims of environmen­tal damage or personal injury from individual­s sickened by the chemicals. And state attorneys general have filed new suits, some as recently as this week, over the matter.

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