Environment
3M Agrees to Pay NJ up to $450M to Settle PFAS Damage Claims
Remediation work that includes removal of PFAS has been ongoing since 2023 at a Solvay Chemicals site in West Deptford, N.J. after a settlement that manufacturer reached with the state.
Photo courtesy of NJDEP
Manufacturer 3M has agreed to pay the state of New Jersey up to $450 million over 25 years to settle several lawsuits involving so-called “forever chemicals” contamination that damaged state water supply locations and other natural resources.
The settlement, which is pending public comment and court approval, absolves 3M—a major U.S. producer of per- and polyfluoroalkyl substances (PFAS)—of liability related to the contamination. It resolves lawsuits filed in 2019 involving the Chambers Works manufacturing site in Salem County, N.J., formerly owned by chemicals giant Dupont, and now owned by its spinoff Chemours, and involving the Parlin site in Sayreville. 3M had been a supplier of PFAS-containing chemicals to those sites used in product manufacture until 2001.
The settlement also resolves the state’s claims against 3M in litigation regarding PFAS in the firefighting material known as aqueous film-forming foam and addresses a statewide PFAS directive issued in 2019 by the N.J. Dept. of Environmental Protection.
“This agreement is another important step toward reducing risk and uncertainty on these legacy issues, allowing 3M to focus on its strategic priorities,” 3M said in a statement. It added that the settlement is not an admission of liability and that it would defend itself in litigation should the settlement not be approved.
The settlement with 3M comes as trial began May 19 in federal district court in Camden related to the state suit against Dupont and spinoff Chemours for the 1,500-acre Chambers Works site contamination, which also included wastes disposed there from other manufacturing sites, according to a report in NJ Spotlight. It is set to last into June.
3M said that it is on track to meet previously announced plans to voluntarily stop producing all PFAS by year’s end. “In the agreement, the state specifically recognized that 3M ‘has taken actions, which other companies have not taken, to cease manufacturing’ PFAS,” 3M said.
By settling, 3M will not go on trial on May 19 in the ongoing Chambers Works case against DuPont, Chemours and related defendants in U.S. District Court.
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The settlement is one of the first statewide that 3M has entered for PFAS liability in the country, and it is the largest statewide PFAS settlement in New Jersey history, said state Attorney General Matthew Platkin and state Environmental Protection Commissioner Shawn LaTourette in a joint statement. The Chambers Works trial would have been the first brought by a state for PFAS contamination against any defendant, they added.
“New Jersey has some of the highest levels of PFAS in the country,” Platkin said. “That’s why New Jersey has been leading the national charge."
Damages recovered from the settlement will help fund the state’s “nation-leading” PFAS abatement efforts, improving drinking water quality statewide through construction of new and expanded treatment facilities and restoring damaged natural resources, LaTourette said.
In 2023, his agency reached a settlement with Belgian chemical manufacturer Solvay related to PFAS and other contamination at its production site in West Deptford, N.J., with ongoing contaminant remediation. Solvay has guaranteed it will maintain funding for the $393-million cleanup.
Groups such as the New Jersey League of Conservation Voters praised the state’s actions for holding “polluters accountable" for the PFAS impacts, said Allison McLeod, deputy director.
Last year in a class action settlement, 3M received final court approval to pay $10.3 billion to public water utilities nationwide over 13 years for PFAS contamination in drinking water. In 2018, the company agreed to pay $850 million to settle a suit with Minnesota concerning PFAS in drinking water and natural resources in the Twin Cities metro area.
EPA Rollbacks on PFAS Regs
Meanwhile, the U.S. Environmental Protection Agency announced May14 that it will rescind and reconsider regulations on four PFAS compounds in drinking water—PFHxS, PFNA, HFPO-DA (commonly known as GenX), as well as the Hazard Index mixture of these three, and PFBS.
EPA says it will maintain maximum contaminant drinking water standards established for PFOA and PFOS established in April 2024 but will extend the compliance deadline to 2031 from 2029 to enable public water systems to comply as advocated for by water and wastewater treatment trade groups.
Public health and environmental organizations, including the Environmental Working Group, criticized EPA actions. The agency is "bowing to industry pressure and leaving millions exposed to PFAS in their tap water," Melanie Benesh, vice president of government affairs, said in a statement.
