Finalization Of Epic PFAS Settlements Delayed

Godfrey & Kahn has been tracking and advising clients regarding notable PFAS developments, including two massive PFAS settlements that manufacturers of PFAS have agreed to with a class of plaintiffs comprised of municipalities and other utilities that provide drinking water to customers. DuPont has proposed to settle with drinking water providers for $1.15 billion and 3M has agreed to a settlement of up to $12.5 billion.

As a potentially significant influence on the timing of these settlements, on Friday, March 11, 2024, a Southern California drinking water service provider (Public Water Supply, or PWS) that was otherwise eligible to participate in the DuPont and 3M PFAS settlements, but that "opted out" of the DuPont settlement, filed an appeal to challenge the Feb. 8, 2024 "final approval" of the DuPont settlement by the judge overseeing the multi-district PFAS litigation, Richard Gergel. On a parallel track, Judge Gergel issued final approval of the 3M settlement