PFAS Settlements for Public Water Systems

A nation-wide lawsuit against PFAS manufacturers recently came to a settlement with two companies, 3M and DuPont. Public water systems have until early December to decide whether to remain in or opt-out of these settlements.

Click here to read a memo from the State of Vermont about the settlements

See all information on the settlement website, www.pfaswatersettlement.com

Considerations:

• Water systems should consult with their own legal counsel when deciding whether to remain in or opt out of these settlements.
• If a water system opts out of either or both settlements, it will not receive payment but would remain eligible for future lawsuits against 3M and DuPont, such as pending lawsuits by the State of Vermont.
• The State of Vermont has filed its own, separate lawsuits against PFAS manufacturers. The State says it is seeking significantly more money from 3M and DuPont than the current settlements provide, but there is no guarantee of the outcome. If a water system does not opt out of the nation-wide class action settlements, then it may not be able to recover funds from 3M and DuPont in the Vermont lawsuit. See page 6 of this memo.
• If a water system does nothing, it is considered to still be in the settlement class, even if it does not file a claim and does not receive any funds.
• If a water system remains in the settlement class, it likely will not be eligible for payments from future lawsuits against 3M and DuPont.
• If a water system remains in the settlement class, it must file a claim to be considered for a payment. A system will likely only receive a settlement payment if it has a PFAS detection at its water source(s).
• If a water system has not sampled each source for PFAS, it will need to do so at its own expense in order to be eligible for funds.
• Find further eligibly requirements for the settlements on page 3 of this memo.
• The lawsuit that led to these two settlements with 3M and DuPont is still in negotiations with other PFAS manufacturers, so there may be more settlements like this in the future. Whether you remain in or opt out of these two settlements does not affect your eligibility for payments from other companies.

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