The Dedham-Westwood Water District in Dedham, Massachusetts, will receive more than $4.9 million in settlement funds from 3M Company through a lawsuit first filed in February 2023.
The lawsuit was filed against multiple manufacturers of aqueous film-forming foam (AFFF) for their involvement in the manufacture and sale of per- and poly-fluoroalkyl substances (PFAS) that have contaminated groundwater supplies within the district’s service area.
Dedham-Westwood Water District is being represented by SL Environmental Law Group, which exclusively focuses on water contamination litigation on behalf of city and state governments, public and private water utilities, and other well owners. In a press release from SL Environmental Law Group announcing the Dedham-Westwood settlement, the firm said the first disbursement of $984,124 will be received this month. An additional $2.24 million will be dispersed by the end of 2025. The remaining balance will be provided in smaller increments annually over eight years, ending in 2033.
PFAS chemicals have been used in aqueous film-forming foam for decades, used to extinguish chemical or petroleum fires at military bases, airports and industrial facilities. PFAS are also contained in certain industrial processes and in the production of thousands of common household and commercial products that are heat-resistant, stain-resistant, long-lasting and water and oil-repellent.
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Dedham-Westwood Water District tests for PFAS at both of its treatment plants monthly, and results have indicated that PFAS levels in its sources currently comply with the maximum contaminant level set forth by the Massachusetts Department of Environmental Protection (below 20 parts per trillion on a quarterly basis).
“Design plans for PFAS treatment at the White Lodge Water Treatment Facility are shovel-ready, and construction will begin shortly,” said Dedham-Westwood Water District Executive Director Blake Lukis. “Although these funds will ultimately help with the costs associated with removing PFAS, they only cover a fraction of the overall remediation.”
The district secured a 20-year interest-free loan from the Massachusetts Clean Water Trust to help with the construction costs for White Lodge, which are approximately $15.55 million. Both the interest rate and settlement funds will ultimately decrease the burden on ratepayers to cover the costs.
The PFAS family of chemicals are entirely man-made, do not exist in nature, and have impacted surface water and groundwater throughout the country, resulting in hundreds of lawsuits brought forward by water providers, and mostly against the same defendants, in an ongoing Multidistrict Litigation supervised by a federal judge in South Carolina.
“We are honored to have helped the Dedham-Westwood Water District in asserting its rights to ensure the quality and availability of water resources to its ratepayers. It is the corporations whose products are responsible for contaminating the water that should shoulder the clean-up costs,” said Ken Sansone, senior partner at SL Environmental Law Group. “By the District acting early and filing a lawsuit against 3M Company, DuPont, and others well before the drinking water settlements were reached, the District ultimately received a higher settlement payment than they would have if they had waited to act until after the settlements were announced. This payout increase is known as a “litigation bump” and serves to reward entities for their proactive approach.”
SL Environmental Law Group has delivered more than $1.2 billion from corporate polluters to their clients. For more information about PFAS, please visit: dwwd.org/PFAS.
Source: SL Environmental Law Group.
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