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Maryland AG joins others with growing concern over 3M ‘forever’ chemical settlement

Betty Rivas buys water from a refill station Thursday, Feb. 23, 2023, in Commerce City, Colo. Rivas was startled by a letter telling her that the drinking fountains her 8-year-old used at school weren't safe. Her family is one of many in the community who do not drink the tap water and instead buy water from potable refill stations around town. (AP Photo/Brittany Peterson)
Brittany Peterson
/
AP
Betty Rivas buys water from a refill station Thursday, Feb. 23, 2023, in Commerce City, Colo. Rivas was startled by a letter telling her that the drinking fountains her 8-year-old used at school weren't safe. Her family is one of many in the community who do not drink the tap water and instead buy water from potable refill stations around town.

Maryland is joining 22 other states and territories in opposing a settlement worth between $10 billion and $12.5 billion from 3M for contaminating public drinking water with “forever” chemicals.

The deal was announced in June and would pay water providers for pollution from chemicals used in water - and grease-resistant products. The per- and poly-fluorinated (PFAS) chemicals are linked to health problems like cancer, delayed development, high cholesterol and immune problems. It’s estimated that about 200 million Americans have been exposed to the chemicals.

“The proposed settlement falls short of delivering the accountability and protection our citizens deserve,” said Maryland Attorney General Anthony Brown. “The potential risks posed by PFAS contamination are far-reaching, threatening the health and well-being of our families, our communities, and the ecological balance of our environment. Marylanders deserve better than a half-hearted attempt and sweeping these concerns under a rug.”

One of the main concerns that the 23 attorneys general laid out in their brief to the United States District Court of South Carolina is that the settlement would apply to nearly every public water provider, waiving their right to further claims.

“Troublingly, the providers would have to make their opt-out decisions without knowing how much money they would receive and, in many cases, before knowing the extent of contamination in their water supplies and the cost of remediating it,” a press release from the Maryland Attorney General’s Office stated.

Furthermore, the settlement protects 3M from further class action suits, Brown says.

“If a cancer cluster develops in a PFAS-impacted community and the victims sue 3M, 3M would likely be able to seek compensation from the community’s public water supplier for any amount it owed to the victims,” the release stated. “As such, the proposed settlement is worth far less than the advertised $10.5 to $12.5 billion.”

3M spokesperson Sean Lynch said 3M will continue to work cooperatively to work on a resolution.

“It is not unusual for there to be objections regarding significant settlement agreements,” Lynch said. “3M’s agreement supports PFAS remediation funding to Public Water Systems that detect any type of PFAS, at any level, now or into the future. This agreement will benefit U.S.-based public water systems nationwide that provide drinking water to a vast majority of Americans.”

3M said it will stop manufacturing PFAS in 2025.

Scott is the Health Reporter for WYPR. @smaucionewypr
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