Steps outlined for non-participating local water systems in PFAS settlement

Attorney Complaints
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Tom Methvin, Principal, Managing Attorney | Beasley Allen, law firm, GA

Significant progress has been made in the ongoing AFFF multi-district litigation (MDL No. 2873), overseen by the United States District Court for the District of South Carolina. 3M and DuPont have received final approval from Judge Richard M. Gergel on their settlements, while Tyco and BASF settlements are pending preliminary approval.

These settlements aim to address claims related to PFAS contamination in public water systems’ drinking water.

For local water systems that have chosen not to participate in the PFAS settlements, opportunities for cost recovery remain available. Taking action now can help explore other avenues to obtain funds for safeguarding community water quality.

First, it is essential to verify opt-out status with the Notice Administrator. Some initial opt-out attempts were unsuccessful due to missed deadlines or procedural errors. However, additional guidance from the Court has allowed a second review of these attempts. If a system intended to opt out, confirmation should be sought from the Notice Administrator regarding acceptance of the request.

Next, if opting out was deemed appropriate, exploring other avenues for cost recovery becomes crucial. This step is particularly important if future PFAS treatment needs arise unexpectedly.

Even if current PFAS levels are low or undetected, planning for potential future management needs is advisable. PFAS chemicals can accumulate over time, leading to higher concentrations in drinking water. Additionally, state and federal regulations may become more stringent over time. Proactively seeking funds ensures better preparedness for future contamination concerns.

For systems that have opted out of participation, legal action remains the sole method for reclaiming funds from 3M and DuPont. Numerous water and wastewater systems have already initiated legal proceedings, with more expected to follow suit.

"Our team of attorneys is ready to fight for you," stated a representative involved in the litigation process. "Contact us today for a free case evaluation."