As of March 2026, the AFFF Product Liability Litigation remains one of the most complex mass tort proceedings in the country. The litigation involves more than twenty defendants and multiple categories of damage claims, including drinking water contamination, groundwater remediation, wastewater impacts, property damage, and other response costs associated with PFAS.
Each master settlement agreement contains detailed terms and strict deadlines. This is an opt-out class settlement, requiring public water systems to file an opt out. The deadline to opt out has long passed, meaning that Public Water Systems (PWS) identified in the Master Settlement Agreement have settled their claims and released 3M and DuPont for all past and future liability related to PFAS. Therefore, the only remaining decision is whether the PWS will apply to receive the allocation of funds owed to them in exchange for the release of claims.
To date, four major settlements have been reached on behalf of public drinking water systems: 3M, DuPont, Tyco, and BASF. Each settlement agreement contains detailed terms and strict court-ordered deadlines. The Tyco and BASF settlements will not be discussed in detail because the deadlines for PWS to apply for settlement money have passed. Time remains for some water systems to apply for the 3M and DuPont settlements.
Importantly, none of these settlements fully resolve all potential claims that public water systems may have. For example, public water systems that also operate wastewater or sewer treatment facilities likely still have unresolved claims. In addition, many defendants in the litigation have not entered any settlement at all. Moreover, many entities listed as Phase Two claimants under the 3M and DuPont settlements are not eligible to participate in the Tyco and BASF settlements. For these reasons, we continue to recommend that our clients evaluate whether civil lawsuits should be filed to preserve and pursue unsettled damage claims.
Overview of 3M and DuPont Settlements
The settlements with 3M and DuPont represent the largest settlement funding currently available to public drinking water systems.
• Phase One claims payments started in 2025.
• Any public water system that qualified for Phase One but failed to file by the court ordered deadline will not receive compensation and has released the settling defendants.
• Phase Two claims remain open. However, all required testing, baseline data, and documentation must be submitted by the court ordered deadlines to secure an allocation.
It is important to remember that these settlements are opt out class actions. Public water systems that did not timely opt out have already released covered claims against the settling defendants. The remaining question is whether they will complete the required steps to collect their allocation.
Illustration of Estimated 3M Settlement Values
Settlement allocations are driven primarily by PFAS score and system flow rate. The table below illustrates how allocations may vary depending on concentration levels and gallons per minute flow. Water systems that process more water and have higher levels of PFAS detected in their source water will receive more money. These figures are for illustrational purposes only and do not guarantee any specific recovery.
| PFAS Score | 100 gpm | 500 gpm | 1,000 gpm | 5,000 gpm | 25,000 gpm | 100,000 gpm |
|---|---|---|---|---|---|---|
| 2 | $36,240 | $115,244 | $189,694 | $603,369 | $1,918,881 | $5,196,296 |
| 4 | $145,785 | $463,713 | $763,253 | $2,427,216 | $7,714,149 | $20,855,641 |
| 10 | $148,252 | $471,559 | $776,166 | $2,468,269 | $7,844,507 | $21,207,290 |
| 100 | $185,313 | $589,437 | $970,176 | $3,085,022 | $9,802,456 | $26,485,901 |
Because allocations are calculated per impacted water source, systems with multiple impacted wells or intakes may have significantly higher total recovery potential.
Experienced Legal Counsel Matters
Water systems may make claims without the assistance of a lawyer. However, how claims are prepared and presented can significantly impact final recovery. For example, a public water system initially filed a Phase One claim without the assistance of a lawyer. The original submission was projected to receive approximately $300,000 in compensation. After reviewing the flow data, PFAS scores, and impacted source documentation, attorneys familiar with the Master Settlement Agreement restructured the claim. The revised projected recovery increased to approximately $3 million. This example underscores the importance of experienced counsel in maximizing settlement value. In addition to the 3M and DuPont Action Fund, eligible claimants may qualify for additional compensation through programs such as the Special Needs Fund.
Unresolved Claims and Strategic Considerations
Although billions of dollars have been committed through these settlements, many damage categories remain unresolved. Wastewater treatment facilities, sewer systems, landfill leachate management, and certain groundwater remediation costs may fall outside the scope of the current public water settlements.
In addition, numerous defendants in the AFFF litigation have not entered settlements. Public entities should therefore evaluate whether additional claims must be filed to preserve rights before statutes of limitation expire.
Strategic claim preparation remains critical. Accurate identification of impacted sources, verification of flow rates, correct calculation of PFAS scores, and proper documentation of treatment costs can materially affect recovery.
Conclusion
The 3M and DuPont settlements represent significant progress in addressing the increased costs associated with PFAS contamination in public drinking water. Nevertheless, they do not resolve all potential claims, and strict deadlines continue to govern eligibility and payment.
Public water systems should treat 2026 as a pivotal year. Phase Two deadlines are approaching. The first deadline is March 31, 2026. Additional settlements remain under development. Bankruptcy proceedings are ongoing. Strategic decisions made now will shape recovery for years to come
From Mike Stag: I hope you find this March 2026 update helpful. Please let me know if you would like to discuss how we can assist in protecting your rights and maximizing your recovery under these settlements.
