Cities wanting to opt out need to take action now.
This fall, many public drinking water systems in Minnesota received notice of class action settlements related to PFAS (perfluoroalkyl and polyfluoroalkyl substances, often described as forever chemicals) contamination alleged to be caused by 3M and DuPont products.
The League does not have a position on whether Minnesota cities should participate in or opt out of these settlements. The League’s role is to provide timely and important information to support local decision making. The bottom line for each city is that there are three options available, all with impending deadlines for action. Your city can choose to:
- Be included in the settlements (no opt in action is needed if you received notice) and file claims forms by early 2024. The deadline has not yet been set. Once it has be determined, it will be published on the PFAS Public Water System Settlements website.
- Opt out by the deadlines in early December. This preserves the city’s litigation rights for future lawsuits. More information about how to opt out is available in the notices linked below. For an example, view the State of California’s sample opt-out documents and a checklist.
- Do nothing — this option will mean that the city gets no compensation from the litigation and cannot sue for damages later.
The League hosted a webinar in early October on this topic. Access the recorded webinar “PFAS Litigation & Cleanup Efforts” by logging into MemberLearn. (A MyLMC account is required to access MemberLearn; if you don’t have one, learn how to create a new MyLMC account.)
The League strongly encourages cities to work with their city attorney in this process. View more detailed information on the settlements on the PFAS Public Water System Settlements website.