Chemical maker 3M will pay the state of New Jersey up to $450 million over the next 25 years to settle claims regarding contamination from PFAS, or “forever chemicals,” it was announced Tuesday.
State Attorney General Matthew Platkin and New Jersey Department of Environmental Protection Commissioner Shawn LaTourette announced the agreement, calling it “the largest statewide PFAS settlement in New Jersey history.”
“Corporate polluters must be held accountable when they contaminate our state’s water supply,” Platkin said in a statement. “New Jersey has some of the highest levels of PFAS in the country. That’s why New Jersey has been leading the national charge against corporate polluters who contaminate our drinking water and harm our state’s communities.”
PFAS stands for per- and polyfluoroalkyl substances, a group of about 15,000 synthetic compounds that can last nearly “forever” in the environment, and for years in the human body. These cancer-linked compounds can be found in household items such as nonstick pans, waterproof apparel, cosmetics and stain-resistant fabric, as well as in some firefighting foams. PFAS were discovered in the 1930s.
The settlement, subject to public comment and court approval, resolves 3M’s liability in the state’s lawsuits regarding the Chambers Works site, located in Pennsville and Carneys Point, and Parlin site located in Sayreville, and the DEP’s Statewide PFAS Directive, all initiated in 2019.
The settlement will also resolve the state’s claims against 3M in the statewide litigation regarding PFAS in the firefighting material known as aqueous film-forming foam (AFFF). A statement from 3M on Tuesday said that “historically, the company supplied PFAS to DuPont at the site but discontinued that supply in 2001.”
In the agreement announced Tuesday, St. Paul, Minnesota-based 3M agreed to pay up to $450 million to resolve lawsuits over natural resource contamination stemming from PFAS.
The settlement is subject to court approval and a public comment period, the attorney general’s office said. 3M is expected to pay $285 million this year, with additional amounts payable over the next 25 years. The total amount could reach $450 million, Platkin’s office said.
By agreeing to the terms in the settlement, 3M will not go to trial on May 19 in the Chambers Works case, the attorney general’s office said. The remaining defendants are Delaware-based E.I. DuPont de Nemours and Co. (now known as EIDP, Inc.); The Chemours Company and The Chemours Company FC, LLC, both of which DuPont spun off in 2015; DuPont Specialty Products USA, LLC; Corteva Inc.; and DuPont de Nemours, Inc. These remaining defendants are not parties to the settlement and will proceed to trial.
“The makers of PFAS forever chemicals knew how poisonous these substances were, yet they produced and thoughtlessly released them into New Jersey’s environment anyway,” LaTourette said in a statement.
3M said in 2022 it would end all PFAS manufacturing by the end of this year. In a statement, the company said it’s on track to do so.
“This agreement is another important step toward reducing risk and uncertainty on these legacy issues, allowing 3M to focus on its strategic priorities,” 3M said.
Including the settlement announced Tuesday, the attorney general’s office said the state has obtained commitments by corporations to pay up to about $840 million for contaminating the environment in New Jersey with so-called forever chemicals. This settlement with the state does not affect private PFAS lawsuits filed by individuals against 3M.
