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Breccan F. Thies, Investigative Reporter


NextImg:3M 'forever chemicals' settlement advances, but some AGs unhappy with payout


A $10 billion to $12 billion public water contamination settlement with manufacturer 3M has advanced after 22 state attorneys general dropped objections.

The deal, which must still be approved by a U.S. district court, came after the manufacturing company was sued for its contribution to water contamination through "forever chemicals," otherwise known as PFAS, which have been linked to a variety of illnesses.

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PFAS are oil- and water-repellent, heat-resistant synthetic chemicals often used for nonstick surfaces and as lining in food packaging.

A bipartisan group of attorneys general led by Democratic California Attorney General Rob Bonta intervened in 3M's initial settlement proposal with several concerns over liability and payout.

Democratic Minnesota Attorney General Keith Ellison said there was a clause shifting PFAS liability from the Minnesota-based company to public water utilities and an unclear amount of settlement funding for those utilities.

“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,” Democratic New York Attorney General Letitia James, who was at the negotiation table, said in a Tuesday statement.

Republican attorneys general involved with the action include Jonathan Skrmetti of Tennessee, Dave Yost of Ohio, John Formella of New Hampshire, and Texas provisional Attorney General Angela Colmenero.

However, 3M's chief legal affairs officer, Kevin Rhodes, announced the attorneys general had withdrawn their objections after the company sufficiently dealt with the concerns, saying, "We're now in a position the parties believe the settlement is fair for the class members, and the overall agreement is now before the court for preliminary approval.”

Despite being allowed to move forward, five attorneys general, again led by Bonta, filed a brief with the court late Monday night spelling out concerns with the amount of money 3M would pay, noting that the $10 to $12 billion figure was not enough to cover the damage done by the PFAS pollution.

“3M declined to pay an amount that accurately reflects the extraordinary damage it has caused to public drinking water systems, and it declined to provide water suppliers the money to remediate that damage more quickly," Bonta said in a press release.

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The California Democrat was joined by four Democratic colleagues, Kristin Mayes of Arizona, Brian Schwalb of the District of Columbia, Michelle Henry of Pennsylvania, and Josh Kaul of Wisconsin.

The legal actions come as regulators at the state and federal levels are pushing forward with proposals to require water treatment facilities to monitor for and ultimately filter out certain PFAS chemicals from public water supplies, as well as outlaw products that contain the chemicals.