Municipalities are grappling with the pervasive impact of PFAS contamination, the forever chemical. Thousands of governmental entities are filing class action settlement claims and lawsuits in the PFAS National Litigation. Courts continue to consolidate all legal claims related to firefighting foam into the Federal Court AFFF Product Liability Litigation MDL No. 2873 in Charleston, South Carolina. More than twenty companies are defending against these legal actions. Two of them have agreed to a settlement with public water systems. 3M agreed to pay up to $12.5 billion. Dupont agreed to pay $1.2 billion. These settlements only partially resolve the case. Other damage claims remain unsettled.
How Municipal Leaders Identify the PFAS Impacts
Crucially, municipal leaders must identify what precise legal claims they may have for their municipal organization in this nationwide legal battle. In summary, the typical legal filings in the AFFF Multi District Litigation include claims for money damages concerning PFAS impacts to the following municipal operations and property:
- Public water
- Wastewater
- Airport property
- Fire training centers and other firefighting facilities
- Other PFAS contaminated property
Municipal Entities Seek to Recover Direct Remediation Costs
Municipalities can seek compensation for direct remediation costs incurred in cleaning up PFAS contamination. This includes public utilities taking responsibility for modifying contaminated water treatment systems. Moreover, claims may extend to remediating ground contamination at fire stations, airports, and large-scale fire sites.
Public Water Systems Pursue Remediation Costs
Public water systems are eligible to file claims to settlement funds available to pay for remediation costs related to treatment systems. Even if the water provider has not initiated legal action, the municipality can pursue compensation for anticipated costs. This initiative-taking approach safeguards citizens from potential taxation increases resulting from the water provider’s additional remediation expenses.
Experienced Legal Representation of Public Entities
In navigating the complexities of PFAS litigation, experts encourage municipalities to collaborate with experienced legal representation, ensuring a robust stance in seeking rightful compensation and protecting the well-being of their communities. Stag Liuzza, with a rich history in environmental litigation, actively participates in the PFAS National Litigation and AFFF MDL. The legal team plays a pivotal role in addressing contaminated water claims on behalf of public entities. Notably, Mike Stag’s position on the Executive Committee of the PFAS National Litigation underscores their commitment to steering the legal strategy and advocating for the interests of affected municipalities. Please see clean groundwater website for more information.
