Baron & Budd announced a $312.5 million settlement agreement has been reached with BASF Corporation resolving PFAS-related drinking water contamination claims. The settlement, part of the nationwide Aqueous Film-Forming Foam (AFFF) Products Liability Litigation (MDL 2873), will provide critical funding to public water systems throughout the country that have detected PFAS in their water supplies.
This agreement comes after the Environmental Protection Agency (EPA) recently announced stringent federal drinking water standards that regulate PFAS levels in public water supplies and designated PFOA and PFOS as “hazardous substances” under federal law. Alongside the nearly $14 billion previously paid by 3M and DuPont, these funds will support public water systems facing PFAS contamination and aid in compliance with the new EPA regulatory requirements.
“This settlement is another significant advance in our critical mission to ensure safer drinking water for Americans,” said Leader of the Environmental Litigation Group at Baron & Budd and co-lead in the MDL, Scott Summy. “Combined with earlier settlements, this $312.5 million will provide funds for public water suppliers facing PFAS remediation and now compliance with strict new regulations.”
PFAS, or per- and polyfluoroalkyl substances, are man-made chemicals used in the manufacturing of many products including aqueous film-forming foam (AFFF). AFFF is a firefighting agent used at airports, military bases, and fire training centers. The use of AFFF at these facilities results in PFAS runoff, contaminating groundwater. Known as “forever chemicals” due to their persistence and water solubility, PFAS chemicals are toxic and have been linked to certain types of cancer when consumed.
The Multidistrict Litigation (MDL) overseen by the Honorable Richard Gergel in U.S. District Court for the District of South Carolina includes more than 7,000 cases concerning AFFF made with PFAS. These cases encompass claims from public water providers for testing and remediation costs, individuals harmed by PFAS, and property damage cases related to loss of property and harm to natural resources. All settlements to date have resolved only public water providers’ claims.