Local water systems opting out of DuPont, 3M PFAS class action settlements



SNOHOMISH COUNTY — Local water systems have been opting out of taking settlements in two national class action lawsuits over PFAS “forever” chemicals for a variety of reasons.
The lawsuits assert chemicals made by 3M and DuPont contaminated public drinking water systems. The two companies individually agreed to preliminary settlements last year to avoid
protracted litigation.
The City of Snohomish, for example, opted out of taking the settlement because it didn’t want to bind its hands.
Taking the settlement waives the right to file future lawsuits against any PFAS manufacturer, Snohomish city attorney Emily Guildner said.
“It’s a matter about preserving potential future rights,” Guildner said by email. “While PFAS is not a significant concern for the city currently, the release language in the class action settlement is incredibly extensive.”
Everett said it also opted out, as did the PUD, which supplies all of Lake Stevens.
PUD Water Assistant General Manager Brant Wood said through a spokesman that “the PUD voluntarily sampled all of its groundwater sources in 2019 and again in 2023. In both cases, none of the PUD’s groundwater sources tested positive for PFAS. Based on that information, the PUD chose not to join the class action lawsuit.”
Stanwood and Coupeville also opted out. Guildner’s firm represents both.
Monroe didn’t respond by press time.
Practically all public water systems were folded in as members eligible for the class action settlement.
PFAS chemicals are perfluoroalkyl and polyfluoroalkyl substances. These chemicals repel water and oil, making them useful as a protective coating. Coated non-stick cookware is one example use, as are pizza boxes, older waterproofing sprays and older stain-resistant carpeting. It’s also made into firefighting foam to suppress fire.
The chemicals are getting new attention because they may be linked to increased risks of thyroid disease, liver damage, impacts in pregnancy and more.
Reformulated chemicals without the toxicity concerns of PFAS are now being used for protective coatings.
The state Department of Health has more information about PFAS health concerns at www.doh.wa.gov/community-and-environment/contaminants/PFAS
The state Department of Ecology has more information on contamination sites at the website www.ecology.wa.gov/PFAS
“If you do not live near a site of PFAS contamination, it is unlikely that PFAS are a problem in your drinking water,” according to Wisconsin’s department of health.
More details about the two lawsuits are at www.pfaswatersettlement.com