Chemical manufacturer 3M Co. announced on Thursday that it will pay at least $10.3 billion to resolve lawsuits related to contamination of numerous U.S. public drinking water systems by potentially harmful compounds used in firefighting foam and various consumer products.
The settlement aims to address pollution caused by per- and polyfluorinated substances (PFAS), a broad category of chemicals found in nonstick, water- and grease-resistant products such as clothing and cookware.
PFAS, often referred to as “forever chemicals” due to their resistance to natural degradation, have been associated with several health issues, including liver damage, immune-system harm, and certain cancers.
These compounds have been detected in varying levels in drinking water across the country.
In March, the Environmental Protection Agency proposed stringent limits on two common PFAS types, PFOA and PFOS, and expressed intent to regulate four additional varieties. Water providers will be required to monitor their systems for these chemicals.
The settlement resolves a case involving Stuart, Florida, one of approximately 300 communities that have filed similar lawsuits against companies responsible for producing firefighting foam or the PFAS it contained.
The trial for this case was scheduled for earlier this month but was postponed to allow for settlement discussions.
3M Chairman Mike Roman described the settlement as “an important step forward,” noting it builds upon the company’s 2020 decision to phase out PFOA and PFOS and its investments in advanced water filtration technology.
The company, headquartered in St. Paul, Minnesota, plans to cease all PFAS production by the end of 2025.
The settlement will be paid out over 13 years and could potentially reach $12.5 billion, depending on the results of PFAS testing required by the EPA over the next three years, according to Scott Summy, a Dallas-based attorney representing those suing 3M and other manufacturers.
The funds will help cover the costs of PFAS filtration in affected systems and testing in others.
“This settlement will lead to healthier lives for millions of Americans by removing PFAS from their drinking water,” Summy said.
Earlier this month, DuPont de Nemours Inc. and its spinoffs Chemours Co. and Corteva Inc. reached a $1.18 billion settlement to address PFAS complaints from about 300 drinking water providers. Other parties, including states, airports, firefighter training facilities, and private well owners, have also filed lawsuits.
These cases are being handled in U.S. District Court in Charleston, South Carolina, where Judge Richard Gergel is overseeing numerous PFAS-related complaints. The trial for the Stuart, Florida, case was postponed to facilitate further settlement talks.
Most of the lawsuits arise from firefighter training exercises at various U.S. locations, such as airports and military bases, where foams containing high levels of PFAS were repeatedly used.
The 3M settlement is pending court approval. According to 3M’s website, the company assisted the U.S. Navy in developing PFAS-containing foams in the 1960s, which were deemed crucial for fighting dangerous fires, including those caused by jet fuel.
3M stated that participating in the settlement does not imply an admission of liability and indicated that it is prepared to defend itself if the settlement is rejected by the court.
Scott Summy noted that the total cost of PFAS remediation for U.S. water systems might exceed the settlement amounts, but he believes this agreement will significantly reduce the expense and avoid prolonged litigation.
