RESOLUTION NO. 240254
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Sponsor: Mayor Quinton Lucas
RESOLUTION - Authorizing the City Attorney to participate in settlements in the multi-district litigation ("MDL") cases consolidated in federal court in South Carolina involving Public Drinking Water Systems which have incurred or will incur costs to remove and dispose of harmful man-made chemicals known as PFAS substances.
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WHEREAS, per and polyfluoroalkyl substances ("PFAS") are man-made chemicals first manufactured in the 1940s by the 3M Company and DuPont to create durable water resistant, non-stick products and fire retardant products which have been widely used in numerous commercial, household, and government applications; and
WHEREAS, the manufacture and use of PFAS in a variety of products has caused widespread contamination in waters and other property in this country and throughout the world; and
WHEREAS, as a result, numerous product liability suits were filed against the manufacturers and suppliers of PFAS products, including the companies responsible for creating and distributing aqueous film forming foams ("AFFF") products used to put out fires, which eventually led to the creation of a multi-district litigation filed in December 2018 against 3M, DuPont and other defendants in the U.S. District Court for South Carolina (Case No. 2:18-mn- 02873); and
WHEREAS, a bellwether case representative of all cases for Public Drinking Water Systems was scheduled for trial in June 2023. On the eve of trial, the settling defendants DuPont and 3M agreed to resolve Public Drinking Water System cases in a class action settlement, while continuing to deny liability; and
WHEREAS, the settlements are intended to address Public Drinking Water Systems' claims regarding alleged PFAS-related harm and associated financial burdens including past and future costs of monitoring, treating, or remediating PFAS in drinking water as against those two ...
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