PSA for PFAS Water Settlements, Next Steps For Opt-Outs

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, and Tyco and BASF settlements are pending preliminary approval.

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

What’s Next?

If your local water system has chosen not to participate in the PFAS settlements, your quest for cost recovery isn’t over. Taking action now can help you explore other opportunities to obtain funds to safeguard your community’s water quality.

• Verify Your Opt-Out Status – First, check if the Notice Administrator accepted your request to opt out. Initially, some opt-out attempts didn’t work because they missed the deadline or didn’t follow the right steps. However, the Court has since provided additional guidance, leading to a second look at these attempts. If your system intended to opt out, confirm with the Notice Administrator that your request was accepted.
• Exploring Additional Avenues for Recovery – Next, if you determined that opting out was the best choice, start exploring other avenues for cost recovery. This is crucial if your PFAS situation changes and requires more treatment than anticipated.

Even if PFAS levels are currently low or undetected, plan for potential future management needs. PFAS chemicals can accumulate over time, leading to higher concentrations in drinking water. Additionally, state and federal regulations may become more stringent. By proactively seeking funds, your system will be better prepared for future contamination concerns.

Time to Take Action

For systems that have chosen not to participate, legal action is the sole method for reclaiming funds from 3M and DuPont. Numerous water and wastewater systems have already initiated legal proceedings, and more are anticipated to do so.

The time to act is now! Our team of attorneys is ready to fight for you. Contact us today for a free case evaluation.