The US has seen some major developments over the pollution of water by per- and polyfluoroalkyl substances . We round up the latest
Firms pay to settle PFAS claims
The US has seen some major developments over the pollution of water by per- and polyfluoroalkyl substances . We round up the latest
Recent months have seen two settlements by major corporations to resolve legal issues related to per- and polyfluoroalkyl substances ( PFAS ) in the US , though on vastly different scales . The largest involves 3M , and this came shortly on the heels of another by DuPont and parts of its heritage . Solvay has also reached a settlement in one state .
First developed in the 1940s , PFAS are a family of substances that are used in applications including fire-fighting foams , non-stick cookware , water-repellent clothing , stain-resistant fabrics and carpets , mascara and cosmetics , and products that resist grease , water and oil .
The best-known PFAS are perfluorooctanoic acid ( PFOA ) and perfluorooctane sulfonic acid ( PFOS ), which have been phased out of production and use in the US but are still used in other countries . Other prominent ones include perfluorohexane sulfonic acid ( PFHxS ) and perfluorononanoic acid ( PFNA ).
PFAS migrate into the soil , water and air . Most , including PFOA and PFOS , do not break down and are very persistent in the environment , hence the name ‘ forever chemicals ’. They can also accumulate in humans and animals , notably in fish tissue and human breast milk , and they have been found in over 200 water sources in the US .
Whilst research on their direct health effects has not always been conclusive , studies have shown that that exposure to PFAS can be linked to harmful health effects , including thyroid problems , developmental issues , hormone and immunity disorders , fertility problems and cancer . Over 4,000 lawsuits have been filed against companies
Non-stick cookware and firefighting foams are the best-known applications using PFAS
nationwide and the major deals being reached are the result of test cases that were about to go to court .
Settlements reached
On 23 June , 3M reached a $ 10.3 billion settlement with a group of public water systems to resolve water pollution claims related to PFAS . The company said the settlement would provide the funds over a 13-year period to cities , towns and other public water systems to test for and treat PFAS . It will address both current and future claims brought by utilities . 3M had set its own deadline in December 2022 to stop producing PFAS in 2025 .
A month earlier , Chemours , DuPont and Corteva reached an agreement which they have since confirmed to resolve PFAS-related drinking water claims of a class of public water systems that serve “ the vast majority of the US population ”. They have since paid about $ 592 million , $ 400 million and $ 193 million respectively into a settlement fund .
Both agreements were reached ahead of a test case brought in the US District Court for the District of South
Carolina . They are subject to final agreement , which is expected shortly . Like 3M , the defendants did not admit liability and said that they would continue to defend their cases if the settlement does not receive approval .
As part of this process , the court will establish a timetable for notice to class members , hearings on approval and for class members to opt out of the settlement . The companies will have the right to terminate the settlement if opt-outs exceed specified levels . They also continue to deny the allegations in the underlying litigation .
If approved , this will conclude ongoing litigation on all water systems with a current detection of PFAS at any level and those that are currently required to monitor for the presence of PFAS under Environmental Protection Agency ( EPA ) rules or other applicable laws , including those in the South Carolina aqueous film-forming foam multi-district litigation .
Not included are : water systems owned and operated by a state or the federal government ; small systems that have not detected the presence of PFAS and are not subject to
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