Per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, can lead to health complications, including cancer and negative impacts on reproduction, thyroid function, the immune system, and growth and development. The State of Colorado, through the Colorado Department of Law, filed a lawsuit in February of 2022 seeking compensation from PFAS manufacturers for harm to Colorado’s residents, lands, and natural resources, including drinking water.
What is important to know about Colorado’s PFAS lawsuit?
- The PFAS lawsuit seeks damages for harms to water systems, local governments, and special districts impacted by PFAS contamination. These entities do not need to file their own suits to be eligible to receive a portion of any funds ultimately recovered by the State in this lawsuit.
- If you are a water system, local government, or special district, we recommend you understand your area’s PFAS exposure through testing or coordination with the Colorado Department of Public Health & Environment. Additional information is available on the Colorado Department of Public Health & Environment’s website.
- Water systems, local governments, and special districts can share information with the Colorado Attorney General’s Office about the impacts of PFAS on natural resources and operations in their area. If you are a water system, local government, or special district and are interested in discussing PFAS impacts in your area, please email pfas@coag.gov.
- The Department of Law will work with other states to achieve best negotiated outcomes for Colorado, when feasible.
- Any funds recovered in the PFAS lawsuit are expected to be used to remediate PFAS contamination.
- The Attorney General’s Office will work collaboratively with stakeholders across the State to equitably distribute any funds recovered in Colorado’s PFAS lawsuit.
What are the latest developments in the lawsuit?
- The State of Colorado filed a lawsuit in February of 2022 seeking compensation from PFAS manufacturers.
- Colorado’s PFAS lawsuit, along with thousands of other lawsuits, has been consolidated in a national multi-district litigation (MDL) in one federal court, the United States District Court for the District of South Carolina. The case is proceeding in the discovery stage.
- The MDL Court divided into groups similar types of PFAS lawsuits such as water systems, sovereign/state claims, and personal injury claims for discovery and for scheduling bellwether trials. A bellwether trial is a test trial representative of a larger group of similar cases.
- Public water systems were scheduled to complete the first bellwether trial in June 2023. Prior to that trial, certain PFAS manufacturer defendants, primarily 3M, Dupont, Chemours, and Corteva entered into a class action settlement with eligible Public Water Systems.
- In 2024, two additional Defendants, BASF Corp. and Tyco Fire Systems entered into class action settlements with Public Water Systems for $312.5 million and $750 million respectively, which the MDL Court has preliminarily approved.
- The remaining cases in the MDL are proceeding with discovery.
- The MDL Court is expected to schedule the first Personal Injury bellwether trial and the first Water Provider Telomer bellwether trial in 2025.
- General information about the litigation is available on the Multi-District Litigation’s website.
I have read about a settlement, how will that affect Colorado’s interests?
- Certain PFAS manufacturer defendants, primarily 3M, Dupont, Chemours, Corteva, BASF Corp., and Tyco Fire Systems have reached class action settlements with eligible Public Drinking Water Systems. These class action settlements only impact certain Public Drinking Water Systems. These class action settlements do not impact Colorado’s continuing involvement in the MDL, discussed above.
- If you are a Public Drinking Water System, you should carefully review the class action settlement documents to determine if your System is included in the class action settlement, and understand your System’s rights and obligations under the class action settlements. There are important deadlines to keep in mind when reviewing the settlement materials. More information on the class action settlement agreements is available at the Public Water System Settlements website.
What should Public Water Systems know about the class settlements?
- Four separate class action settlement agreements relate to eligible Public Drinking Water Systems that have PFAS contamination or that suspect PFAS contamination in their source water:
- One class action settlement agreement is with 3M;
- A second class action settlement agreement is with Dupont, Chemours, and Corteva;
- A third class action settlement agreement is with BASF Corp.; and
- A fourth class action settlement agreement is with Tyco Fire Systems.
While there are a lot of similarities between the four settlement agreements, there are some differences in which Public Water System entities are eligible to receive funds under the agreements.
- It is important to understand that all four class action settlement agreements are mandatory class settlements. This means that any eligible water system that does not affirmatively “opt out” of the class settlement will be included in the settlement, and its claims against these entities for PFAS contamination will be released. The deadline to opt out of the four Public Water System settlements has passed.
- Any eligible Public Water System that does not affirmatively opt out is automatically part of the settlement class. If an eligible Public Water System remains in the settlement class, but does not submit the Claims Forms, it will not receive any funds. The following are important deadlines for the 3M and DuPont Settlements:
- The deadline for Phase One Water Systems to submit Claims Forms was July 26. 2024.
- The deadline for Phase Two Water Systems to submit Claims Forms is January 1, 2026.
- A hearing on the BASF Corp. and Tyco Fire System settlements is scheduled for November 1, 2024. Please look for updates on the deadlines by which eligible Public Water System must submit Claims Forms once these settlements are approved following the hearing.
- The Public Water System Settlements website provides additional information about the class action settlement agreements. The website also has Claim Forms, and procedures and instructions to complete and submit Claims Forms. The website also has an estimate calculator which eligible Public Water Systems can use to obtain an estimated allocation of the settlement funds they may receive.
The Department of Law will continue to vigorously fight for Coloradoans right to a healthy and safe environment. To learn more about our Department’s work to protect our land, air, and water please our Natural Resources & Environment page.