Unpacking the Monumental AFFF/PFAS Water District Settlements

In recent legal developments, the potential settlements involving AFFF (aqueous film-forming foam) and PFAS (perfluoroalkyl and polyfluoroalkyl substances) have marked a significant turn in environmental and public health litigation. With DuPont, Chemours, and 3M reaching monumental, proposed class action settlements, the legal implications for public water systems and potential personal injury claimants are substantial. Below are key points and a closer discussion on the legal ramifications of these developments:


Key Points: 

  • Dupont and Chemours proposed a class action settlement for $1.185 billion affecting around 7,000 public water systems. 
  • 3M announced a settlement with a net present value of $10.3 to $12.5 billion over 13 years for over 6,000 water systems. 
  • Judge Gergel acknowledged these as potentially the largest drinking water settlements in history. 
  • Settlements present a significant step forward for AFFF and PFAS personal injury claimants. 
  • Future settlement negotiations may extend to a broader group of victims with PFAS-related diseases. 


Legal Implications for Public Water Systems 

The legal environment for entities involved in the management of public water systems has been significantly altered due to the proposed settlements announced by DuPont, Chemours, and 3M. These agreements represent not just financial compensation for the alleged contamination of drinking water but also signal a shift in how companies address massive environmental tort claims. 


DuPont and Chemours Settlement 

The settlement proposed by DuPont and Chemours offers a substantial sum, potentially benefiting thousands of public water systems. While the amount is notable, the allocation of these funds across the various districts remains unclear. Moreover, the settlements are not without their limitations; for instance, they exclude state attorneys general and other entity plaintiffs. Despite these constraints, Judge Gergel has pointed out that the standard for preliminary approval is relatively low, suggesting that the process may progress swiftly, with a fairness hearing expected to occur by late 2023[^1]. 


3M Settlement 

Similarly, 3M’s proposed settlement introduces a complex funding structure to be disbursed over more than a decade. This prolonged payment period adds a layer of complexity to the financial management and planning for public water systems seeking remediation and preventative measures against PFAS contamination[^2]. 


Potential Impact on Individual Entity Litigation 

Judge Gergel’s indication that the settlements could have advantages over continuing individual litigation reflects a broader legal tendency to favor collective resolution in mass tort cases. This preference is underscored by the potential for quicker resolution and the distribution of settlement funds to address pressing contamination concerns[^3]. 


Implications for Personal Injury Claimants 

The settlements carve a path for personal injury claimants within the MDL (multidistrict litigation) to move forward, potentially expediting their claims. It also allows companies like 3M, DuPont, and Chemours to better manage market pressures by quantifying liabilities, potentially improving their financial narratives[^4]. 


The settlements may also open avenues for future negotiations regarding personal injury claimants, particularly those with conditions supported by studies linking PFAS exposure to certain diseases. This suggests a legal landscape that is becoming more receptive to substantial compensation for victims of environmental contamination[^5]. 


Looking Forward 

As these proposed settlements move toward preliminary approval, the legal community, particularly those representing personal injury claimants, is closely monitoring court filings and hearings for additional details that may influence the litigation’s trajectory. 



These settlements are groundbreaking not only in their scale but also in their potential to set precedents for environmental litigation and corporate accountability. While the legal process is far from over, the proposed resolutions reflect a notable shift in addressing the liabilities associated with PFAS contamination and the rights of those affected.