The deadline for Michigan public water systems to submit claims and participate in DuPont, Chemours, and Corteva settlement is July 26, 2024. This deadline has been previously extended to accommodate the participation of more public water systems.

Some of the PFAS manufacturers are proposing settlements to cover public water suppliers nationally. These are proposed as “class” settlements, which means that the settlements describe a “class” of entities that would be covered – in this case, public water supplies are the “class”. The defendants proposing the settlement must provide notice by mail to potential settling water supplies, including the settlement terms and any deadlines. Under a court-approved schedule, the covered “class members” can opt to (1) accept the settlement and be covered by its terms, (2) opt out, or (3) object to the settlement. Generally:

• Accepting the settlement: agreeing to be covered (sometimes requires signing up, sometimes doing nothing is acceptance – read the notices carefully) means that the formulas, amounts, and timing apply – and a covered entity will, in exchange, release the settling defendant from specific claims.
• Opting out: not agreeing to the settlement and not being covered by its terms.
• Objecting: filing specific reasons for not accepting the settlement terms and possibly asking the Court for other relief. Information on the basics of both settlements, key dates, and an estimator is available at https://www.pfaswatersettlement.com/. Water supplies should consult with their own counsel when evaluating the proposed settlements. This proposed settlement is separate from the State’s litigation against 3M, DuPont, and others. The State of Michigan is not involved in this settlement.

The Dupont Settlement details include:

• $1,185,000,000 for public water systems(some systems are not included; check definitions to see who is excluded)
• Payout appears to be over many years.
• Two phases: Phase 1 is 55% of funds, for systems with detected PFAS (any level) before 6/30/23; Phase 2 (45%) is any other water system subject to UCMR 5 testing or other state or federal rules.
• Participation requires a release of claims against DuPont
• Baseline testing information is required.

The Settlement Class consists of each of the following:

(a) all Public Water Systems in the United States of America that draw or otherwise collect from any Water Source that, on or before June 30, 2023, was tested or otherwise analyzed for PFAS and found to contain any PFAS at any level;

and

(b) all Public Water Systems in the United States of America that, as of June 30, 2023, are (i) subject to the monitoring rules set forth in UCMR 5 (i.e., “large” systems serving more than 10,000 people and “small” systems serving between 3,300 and 10,000 people), or (ii) required under applicable State or federal law to test or otherwise analyze any of their Water Sources or the water they provide for PFAS before the UCMR 5 Deadline.

Not all Public Water Systems are potential Settlement Class Members. Specifically, Public Water Systems owned and operated by a State or the federal government and cannot sue or be sued in their own name, as well as certain other systems set forth below, are expressly excluded from the Settlement Class. In addition, Public Water Systems that do not fall within the Settlement Class definition set forth above are not Settlement Class Members.

For more information or to start a claim in the settlement, visit the website here. On this website, you can also learn more about the ongoing 3M settlement steps to start a claim. Members participating in the settlement have found that connecting with a law firm to assist with submitting the claim has been helpful. MML’s Business Alliance Program includes many law firms that assist local governments. You can find participating firms in the directory here.

Herasanna Richards is a legislative associate handling energy, environment, public safety, and technology for the League. She can be reached at [email protected] or 517-908-0309.