On Monday, August 12, Governor Chris Sununu and Attorney General John Formella announced that New Hampshire will begin to receive tens of millions of dollars in settlement funds as a result of the State’s ongoing litigation against the manufacturers of PFAS and aqueous film-forming foam (AFFF).

New Hampshire is estimated to receive a total award in excess of $65 million from the 3M and DuPont water provider settlements, and the majority of these funds are expected to be received over the next 2-3 years.

“New Hampshire has consistently been at the forefront of strengthening clean drinking water standards, improving water infrastructure, and protecting Granite Staters,” said Governor Chris Sununu. “This announcement is another win in our work to limit needless exposure to these harmful chemicals.”

These and other public water system settlements cover just one category of damages sought by New Hampshire. The State will continue to seek full recovery for the damages caused by the manufacture and sale of PFAS and AFFF by the defendant companies.

“These substantial settlements we’ve been working to secure from the manufacturers of PFAS and AFFF are a victory for New Hampshire. These settlement funds will bolster the Granite State’s clean water programs and directly support our public water systems, helping to ensure that every citizen has access to safe, clean drinking water,” said Attorney General Formella. “New Hampshire has led the charge against these emerging health threats, and we will continue to hold those responsible accountable. I want to thank the members of our New Hampshire Department of Justice Environmental Protection Bureau for all of their excellent work on these efforts.”

As part of a multi-district litigation (MDL) in the U.S. District Court for the District of South Carolina, two nationwide class-action settlements for public water systems recently became final: a $1.185 billion settlement with the DuPont entities (E.I. DuPont de Nemours and Company n/k/a EIDP, Inc., DuPont de Nemours, Inc., The Chemours Company, The Chemours Company FC, LLC, and Corteva, Inc.) and a $10.5-12.5 billion settlement with 3M Company.  The settlement funds will be allocated among eligible public water systems throughout the country and paid out over the course of the next decade.  An additional settlement with Tyco Fire Products, LP in the amount of $750 million has recently been submitted to the MDL court for approval.

New Hampshire has been a leader in identifying and addressing the emerging health threats of PFAS. New Hampshire was one of the first states to adopt drinking water standards for PFAS and filed suit in 2019 on behalf of the citizens of the State, including all public water systems, against the PFAS manufacturers.

Money received from settlements, after fees and costs, will be deposited into the N.H. Drinking Water and Groundwater Trust Fund (“DWGTF”) where it will be used to provide loans and grants to public water systems that are impacted by PFAS over applicable standards.