3M Co. and states have negotiated an uncommon provision in a revised multibillion-dollar PFAS (per- and polyfluoroalkyl substances) settlement. This provision potentially limits some future liability that 3M and water utilities could face, signaling a significant shift as more litigation involving these chemicals becomes probable.
This revision comes as part of the multibillion-dollar PFAS settlement over 3M’s contribution to water pollution with PFAS compounds. These substances, used extensively in firefighting foam and other products, have raised serious environmental and health concerns due to their persistence and potential toxicity.
A noteworthy element of this revised settlement is a ‘claims over’ clause that addresses future third-party claims. Industry analysts suggest that this could mirror the approach taken in the 1998 tobacco settlement with states.
Overseeing this is Judge Richard Mark Gergel of the US District Court for the District of South Carolina. The court, which presides over multidistrict litigation concerning specialized firefighting foam made with PFAS, has provisionally approved a revised, negotiated $12.5 billion settlement between 3M and water utilities on August 29.
This revision represents a significant advancement in holding 3M accountable for its role in PFAS pollution. It also establishes a precedent which might influence future corporate settlements involving environmental liabilities.