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RESOLUTION AUTHORIZING THE CITY’S DIRECTOR OF PUBLIC WORKS AND UTILITIES TO REQUEST TO EXCLUDE THE CITY FROM THE SETTLEMENT AGREEMENTS IN IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION, MDL NO. 2-18-MN-2873-RMG, RELATING TO CITY OF CAMDEN, ET AL. V. E.I. DUPONT DE NEMOURS AND COMPANY (N/K/A EIDP, INC.), ET AL., 2:23-CV-03230-RMG, AND CITY OF CAMDEN, ET AL. V. 3M COMPANY, CASE NO. 2:23-CV-03147-RMG
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CITY PROPOSAL:
WHEREAS, the city is a potential Settlement Class Member in settlements related to In re: Aqueous Film-Forming Foams Products Liability Litigation, specifically, a settlement related to City of Camden, et al. v. E.I. DuPont De Nemours and Company (n/k/a EIDP, Inc.), et al., 2:23-cv-03230-RMG (the “DuPont Settlement”), and a settlement related to City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-RMG (the “3M Settlement,” or together with the DuPont Settlement, the “Settlements”); and
WHEREAS, the DuPont Settlement pertains to 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 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 the U.S. EPA’s Fifth Unregulated Contaminant Monitoring Rule (“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 deadline of sample collection under UCMR 5; and
WHEREAS, the 3M Settlement pertain to all Active Public Water Systems (providers of drinking water) in the United States of America that have one or more Impacted Water Sources as of June 22, 2023; and all Active Public Water Systems that do not have one or more Impacted Water Sources as of June 22, 2023 and (i) are required to test for certain PFAS under U.S. EPA’s UCMR-5, or (ii) serve more than 3,300 people, according to U.S. EPA’s SDWIS data system; and
WHEREAS, the city has tested its drinking water source for PFAS, including in 2019 and in November 2023, and has found no PFAS in the City’s drinking water source; the City is required to test for certain PFAS under the UCMR-5; and the City’s water utility serves more than 3,300 people with drinking water; and
WHEREAS, the Settlements primarily provide monetary recovery to Public Water Systems that detect PFAS in their drinking water sources before Dec. 31, 2030; and
WHEREAS, if the city does not request exclusion from the Settlements, it will waive its rights to seek recovery from E.I. DuPont De Nemours and Company (n/k/a EIDP, Inc.) and 3M Company related to PFAS in the City’s drinking water sources for PFAS detected after Dec. 31, 2030; and
WHEREAS, if the city requests exclusion from the Settlements, the city will retain its rights to assert claims against E.I. DuPont De Nemours and Company (n/k/a EIDP, Inc.) and 3M Company, including related to PFAS in the city’s drinking water sources for PFAS detected after Dec. 31, 2030; and
WHEREAS, if the city requests exclusion from the Settlements, the court will exclude the city from the Settlements, and the city will not be bound by the Settlements’ terms and will not receive any portion of the funds available through the Settlements.
THEREFORE, BE IT RESOLVED, that the city’s Director of Public Works has the authority to request that the city be excluded from the Settlements.
BE IT FURTHER RESOVED that the city’s Director of Public Works has the authority to carry out all steps necessary to implement the city’s requests for exclusion from the Settlements.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution is to authorize the Director of Public Works to request that the City of Duluth be excluded from the DuPont and 3M drinking water settlements in the PFAS multi-district litigation.