Preliminary Approval
The court has given preliminary approval to a significant Settlement Agreement with BASF. This settlement concerns PFAS contamination affecting public water systems across the United States. The class settlement procedure ensures eligible claimants are notified, and sets a Final Fairness Hearing. This article provides an overview of what this means for you.
Class Certification and Preliminary Approval
The court has determined that the Settlement Agreement meets the necessary criteria for class action certification and preliminary approval. This includes compliance with Federal Rules of Civil Procedure related to class actions and settlements. As a result, the court has ordered that the parties provide notice of the Settlement Agreement to eligible claimants, setting the stage for a Final Fairness Hearing.
Who is Included in the BASF Settlement Class?
The Settlement Class consists of every active public water system in the U.S. with one or more Impacted Water Sources showing measurable concentrations of PFAS as of May 15, 2024. However, the settlement excludes certain claims:
- State-owned public water systems that cannot sue or be sued.
- Federally owned public water systems that cannot sue or be sued.
- Privately owned wells serving only individual households.
- Water systems not classified as public water systems.
The court believes this Settlement Class will meet all necessary legal requirements for final certification.
Settlement Agreement: Fair, Reasonable, and Adequate
After a thorough review, the court finds the Settlement Agreement to be fair, reasonable, and adequate. This agreement resulted from intensive, arm’s-length negotiations overseen by a court-appointed mediator, ensuring no preferential treatment to Class Representatives.
Important Dates and Deadlines
Eligible claimants must be aware of the critical dates and deadlines associated with this settlement:
- Notice Plan Commencement: No later than July 17, 2024
- Opt-Out Deadline: October 15, 2024
- Objection Deadline: September 15, 2024
- Attorneys’ Fees Motion: August 1, 2024
- Final Fairness Hearing: November 1, 2024
Opt-Out and Objection Procedures
The court has approved procedures for opting out of the Settlement Class and objecting to the Settlement Agreement. Eligible claimants wishing to opt out must submit a Request for Exclusion by October 15, 2024. Those wishing to object must file a written statement by September 15, 2024. The notice will provide detailed instructions and forms.
Final Fairness Hearing
The Court will hold the Final Fairness Hearing on November 1, 2024, at the U.S. Court House in Charleston, South Carolina. At this hearing, the court will consider all submissions regarding the Settlement Agreement, including objections, to decide whether to approve the settlement as fair, reasonable, and adequate.
Continuing Court Oversight
The Court stayed all litigation involving related claims, and tolled all statutes of limitations to preserve the rights of class members. This stay and injunction will remain in effect until either the settlement is final, or the parties terminate the agreement. The court maintains oversight of the proceedings to ensure the proper administration of the Settlement Agreement and the Qualified Settlement Fund.
Conclusion
This preliminary approval marks a significant step towards resolving AFFF-related claims involving public water systems. For detailed information on the settlement process and to stay updated on important deadlines, ensure you review all notices and comply with the outlined procedures. Stay informed and take the necessary steps to protect your interests in this significant AFFF settlement with BASF. For more details, contact our law firm or visit the official settlement website.
