Gov. Evers, AG Kaul Join Bipartisan Coalition in Opposing 3M’s Proposed PFAS Settlement
Multistate coalition represents approximately 171 million people, more than half of U.S. population
MADISON — Gov. Tony Evers and Wisconsin Attorney General Josh Kaul, joining a bipartisan coalition of 22 attorneys general, announced their opposition to a proposed class action settlement that fails to adequately hold accountable the 3M Company (3M) for contaminating Americans’ drinking water supply. Under the proposed settlement, water providers would withdraw the hundreds of lawsuits they have filed against 3M over its use of per- and poly-fluoroalkyl substances—commonly referred to as “PFAS” or toxic “forever chemicals”—in a wide range of consumer products and firefighting foams. PFAS are stable in the environment, resistant to degradation, persistent in soil, and known to leach into groundwater.
“We must ensure that our drinking water is safe from toxic forever chemicals and that taxpayers aren’t left to foot the bill for remediating PFAS contamination,” said Attorney General Kaul. “We will continue working to hold the companies that profited from the production and sale of PFAS accountable.”
The proposed settlement would apply to nearly every public water provider in the United States, even those that have not sued and even those that have yet to test for the presence of PFAS in their water. In return for waiving their claims, 3M would allegedly pay out $10.5 to $12.5 billion to water providers, an amount that is worth far less because of certain provisions that could ultimately force water providers to reimburse 3M for many costs.
In the brief filed with the U.S. District Court for the District of South Carolina, the coalition warns that:
- Individual water providers would be bound by the proposed settlement unless they proactively opt out, whether or not they have sued 3M or already tested for PFAS. Troublingly, they would have to make their opt-out decisions without knowing how much they would actually receive and, in many cases, before knowing the extent of contamination in their water supplies and the cost of remediating it.
- The proposed settlement contains an indemnification clause, which shifts liability from 3M to water suppliers bound by settlement because they decided not to proactively opt out. For example, if a cancer cluster develops in a PFAS-impacted community and the victims sue 3M, 3M would likely be able to seek compensation from the community’s public water supplier for any amount it owed to the victims. As such, the proposed settlement is worth far less than the advertised $10.5 billion to $12.5 billion.
Joining Gov. Evers and Attorney General Kaul in opposing the proposed settlement are the attorneys general of Arizona, California, Colorado, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, as well as the Commonwealth of the Northern Mariana Islands and the Commonwealth of Puerto Rico.
A copy of the motion to intervene is available here, and of the opposition here.
An online version of this release is available here.
NOTE: This press release was submitted to Urban Milwaukee and was not written by an Urban Milwaukee writer. It has not been verified for its accuracy or completeness.
More about the PFAS Problem
- The State of Politics: Voters Worried About PFAS in Water - Steven Walters - Apr 22nd, 2024
- EPA Slaps Two PFAS Chemicals With Superfund Law Designation - Danielle Kaeding - Apr 19th, 2024
- DNR Responds To EPA’s Designation Of PFOA And PFOS As Hazardous Substances - Wisconsin Department of Natural Resources - Apr 19th, 2024
- Evers Won’t Rule Out Court Challenge to Force Release of PFAS Funds - Danielle Kaeding - Apr 16th, 2024
- Gov. Evers Vetoes PFAS Bill, Calls Special Meeting of Budget Committee - Baylor Spears - Apr 10th, 2024
- DNR, DHS Respond To EPA’s Announcement Of Maximum Contaminant Levels For PFAS In Drinking Water - Wisconsin Department of Natural Resources - Apr 10th, 2024
- GOP Leaders Urge Gov. Evers to Sign Divisive PFAS Bill - Baylor Spears - Apr 2nd, 2024
- UW-Madison to Open PFAS Center - Robert D'Andrea - Apr 1st, 2024
- Gov. Evers Slams Republicans for Continued Delays Releasing Critical Funds to Fight PFAS Statewide, Stabilize Healthcare Industry in Western Wisconsin - Gov. Tony Evers - Mar 11th, 2024
- Wisconsin DNR Update On WMC And Leather Rich, Inc V. DNR - Wisconsin Department of Natural Resources - Mar 8th, 2024
Read more about PFAS Problem here
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