DuPont agreed to pay $1.085 billion to settle all damages caused to public drinking water systems by PFAS contamination. In sum, the Settlement Class includes all public water systems in the United States that draw from water sources that tested positive for PFAS at any level. The settlement divides water systems into Phase One and Phase Two classifications. The Settlement Agreement specifies exclusions. The Court overseeing the AFFF product liability MDL formally approved this settlement on February 8, 2024.
What is the Difference between Settlement Phase 1 and 2 Water Systems?
Phase One Water System Payments include qualifying members with tested Impacted Water Sources before June 30, 2023. Phase Two Water Systems that tested and found impacts after this date. The Phase One Funds include five separate payment sources:
- Very Small Public Water System Payments,
- Inactive Impacted Water System Payments,
- Action Fund,
- Supplemental Fund, and
- Special Needs Fund.
Similarly, the settlement divides Phase Two Funds into the same categories. The settlement compensates both Phase One and Two the same but provides different timing for those payments.
How the DuPont Settlement Divides the Money?
The settlement divides money between Phase 1 and Phase 2 as follows: 55% of the Settlement Amount is allocated to Phase One Class Members, and 45% to Phase Two Class Members. The Settlement Class excludes:
- Certain Public Water Systems in specific North Carolina counties.
- Water systems owned by state or federal governments.
- Privately owned wells or surface water systems.
The Settlement Allocation Procedures detail compensation calculations for Qualifying Settlement Class Members based on Impacted Water Source testing results, flow rates, and PFAS concentrations. Additionally, Phase Two members should perform Baseline Testing to secure access to future funding if the status of a water source changes.
Does the Settlement pay for future PFAS impacts?
Yes, the Class Settlement creates a fund to pay water systems in the future if water source conditions change. Notably, Supplemental Funds compensate members whose Impacted Water Sources exceed proposed MCLs after initial Claims Form submission. Special Needs Funds reimburse members who have already incurred expenses addressing PFAS detections.
Deadlines to file Class Settlement Claims
Deadlines for Claims Forms vary for different funds. Specifically, the court set a filing deadline of 60 days after the order becomes effective. Assuming no appeals, the settlement deadline could be set as early as May 8, 2024, for all Phase One claims seeking to receive their portion of these funds. The Court did not establish deadlines for the $12.5 billion 3M settlement. If you have questions about when and how to file your settlement claim, we recommend you consult an attorney who a member of the Plaintiff’s Executive Committee.
