Attorney General Ellison files opposition to some terms of national 3M class-action settlement

Joins bipartisan coalition of 23 attorneys general in objecting to terms of settlement that could place 3M’s liability for PFAS on public water providers, do not disclose how much individual providers would receive, and provide only 60 days for providers to decide whether to join settlement

July 27, 2023 (SAINT PAUL) – Minnesota Attorney General Keith Ellison announced today he has joined a bipartisan coalition of 23 attorneys general in opposition to certain terms of a proposed national class-action settlement with 3M for contaminating Americans’ drinking water supply. 

Under the proposed settlement, all public water providers in the nation would be swept into a class-action resolution disposing of any claims they have filed, or could file in the future, against 3M over its use of per- and polyfluoroalkyl substances — commonly referred to as “PFAS” or toxic “forever chemicals” — in a wide range of consumer products and firefighting foams. PFAS are stable in the environment, resistant to degradation, persistent in soil, and known to leach into groundwater. 

The State of Minnesota brought an individual case of its own against 3M in 2010 that was resolved in 2018 with a historic $850 million settlement directed as a first priority to addressing the drinking water of the east metro area. Projects to that end are underway pursuant to the State’s Comprehensive Drinking Water Supply Plan, which was developed by the Minnesota Pollution Control Agency and Department of Natural Resources. 

The proposed national class-action settlement with public water suppliers, however, would apply to nearly every public water provider in the United States, even those that have not sued and even those that have yet to test for or even detect the presence of PFAS in their water, much less determine the full cost of addressing it. In return for waiving their claims, 3M would pay out $10.5 to $12.5 billion to the water providers.  

In U.S. District Court for the District of South Carolina, where the proposed class-action settlement is under consideration, Attorney General Ellison and the bipartisan coalition filed their opposition to certain troubling terms of the agreement. The terms they object to include an indemnity clause that could be read to place 3M’s liability for PFAS on the public water systems, and a notice to potential class members that does not disclose how much of the settlement any one class member can expect to receive. In addition, if the proposed settlement receives approval, public water suppliers would have only 60 days to act, to which Attorney General Ellison and the coalition also objected.  

“Access to a clean environment and a supply of healthy, clean water, is critical to every last Minnesotan,” Attorney General Ellison said. “While this settlement marks a step forward, it must adequately protect our public water systems and our people. We have identified several issues with the proposed settlement that could cause it to fall short of that goal, so we have spoken up in opposition to some terms of the settlement. We will work hard to make sure that this settlement agreement is capable of delivering on its promise.” 

Joining Attorney General Ellison in opposing the proposed settlement are California Attorney General Rob Bonta, who led the bipartisan brief, and the attorneys general of Arizona, Colorado, Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New Mexico, New York, Northern Mariana Islands, Ohio, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, and Wisconsin.