$10B 'forever chemicals' settlement approved after changes

New York has withdrawn its objections to a $10.3 billion settlement with 3M Co. over lawsuits alleging the company polluted the nation’s drinking water supply with harmful compounds known as “forever chemicals,” Attorney General Letitia James said Tuesday.

The original agreement, reached in June, would have provided funds to cities and water providers over 13 years to pay for testing and cleanups. It was rejected the following month by 22 attorneys general who said it would have required water suppliers to decide whether they wanted to opt out before they knew how much they stood to gain from it, and before they knew if their water was affected and how much it might cost to clean it up

The settlement also could have shifted future liability from the company to individual water suppliers, James said. If the company faced a lawsuit over a type of cancer linked to PFAS, for example, the company could have tried to collect any payouts from the water supplier, she said.

The new agreement, filed in a South Carolina federal court, no longer holds water systems liable for future lawsuits. It also postpones the deadline for the systems to decide whether to opt out and initiates a website that will give each participant an estimate of what they may stand to gain. 

The Suffolk County Water Authority, Hempstead Town and East Hampton Town are among many towns and water districts across the nation that sued 3M over the toxic PFAS, a class of chemicals used in hundreds of products, from firefighting foam to waterproof jackets to cookware. 

The chemicals have leached into groundwater from industrial sites and landfills across the country and have been linked to a range of health problems, including cancers, thyroid, liver and kidney disease, and reproductive problems. 

Charles Lefkowitz, chairman of the Suffolk County Water Authority, said he was pleased to see the revised settlement but that no decisions have been made on whether to join it.

“There are significant factors to consider and the Suffolk County Water Authority is currently weighing the decision of whether to join the settlement or continue with our lawsuit," Lefkowitz said in a statement. "Despite that, we recognize the historic nature of this agreement and view it as a significant milestone in our ongoing efforts to hold polluters accountable for their actions. Our customers should not be responsible for the cost of cleaning up this mess. It should be the polluters who pay.”

Representatives from the Long Island Water Conference, a consortium of local water suppliers, could not be reached for comment.

3M admitted no responsibility as part of the settlement.

James said all of the other attorneys general who objected to the initial settlement have withdrawn their opposition.

“Corporate polluters like 3M should not be able to duck responsibility for contaminating our waters with toxic ‘forever chemicals’ that have caused devastating health problems,” James said in a statement. “This new agreement will ensure 3M is held accountable.”