Global chemical manufacturer 3M has agreed to pay New Jersey $450 million over pollution by “forever chemicals” rather than proceed to a trial set to start next week, state Attorney General Matthew J. Platkin announced Tuesday.
Platkin said it is the largest settlement regarding per- and polyfluoroalkyl substances — known as PFAS — in the state’s history.
PFAS are known by many as “forever chemicals” because of their ability to remain in the environment and human body without breaking down. PFAS are widely used and may be linked to harmful health effects in humans and animals, according to the U.S. Environmental Protection Agency (EPA).
A federal trial is scheduled to start Monday against DuPont and its spinoff company, Chemours, in a related PFAS case filed by New Jersey. Platkin said it will be the first trial of its kind in the U.S.
The state Department of Environmental Protection (DEP) has filed suit against 3M and other companies, including DuPont, for contamination at DuPont Chambers Works sites in Pennsville and Carney’s Point in Salem County.
Although Minnesota-based 3M did not operate any facilities in New Jersey, it supplied around 85% of a type of PFAS known as PFOA.
“We allege that 3M knew of the harms of PFAS, knew that it didn’t break down, knew that it accumulated in water and soil and bodies, and knew that it was harmful,” Platkin said, “And yet 3M continued to sell as much PFAS as it could.”
In a news release, 3M called the agreement “another important step toward reducing risk and uncertainty on these legacy issues.” It said the agreement is not an admission.
What are PFAS?
PFAS are a group of human-made chemical compounds used for decades to make firefighting foam, stain-resistant clothing, and food packaging. They have been linked to low infant birth weights, effects on the immune system, cancer, and hormone disruption. PFAS can accumulate in the body and remain for long periods.
Platkin said 3M made a firefighting foam that contained PFAS and was used in military facilities, firefighter training academies, state government, and local fire departments across the state.
“They sold these dangerous chemicals to the brave first responders who put their lives on the line to protect us, putting these heroes in harm’s way and prioritizing their own profits over their healthy cities,” Platkin said.
“We’re pleased today to announce a settlement that begins to right some of these terrible wrongs in the settlement announced today,” Platkin said.
Under the settlement, 3M will pay up to $450 million over the next 25 years. Up to $275 million of that would be paid in the first four years. The money will go into site cleanup, a statewide fund for PFAS contamination, and to address natural resource damages.
The company said it stopped supplying PFAS to DuPont’s Salem County site in 2001. In 2020, it announced that it was getting out of making two PFAS compounds, PFOA and PFOS. It has pledged to stop making any PFAS by the end of this year. It posted an FAQ on the agreement.
PFAS trial set to begin Monday
Meanwhile, Platkin said the state’s 2019 civil suit against DuPont and other companies that have not agreed to a settlement is scheduled to start Monday.
“It will be the first trial in the country for environmental PFAS liability to a state,” Platkin said. “We’re putting New Jersey clearly at the front of the line when it comes to remediating harms related to these forever chemicals.”
The state filed suit against E.I. du Pont de Nemours & Co. (now known as EIDP Inc.), the Chemours Co., Corteva Inc., and DuPont de Nemours. The trial is scheduled for U.S. District Court in Camden.
The New York-based law firm Kelley Drye & Warren represented New Jersey in the 3M settlement, and in the current case against the other chemical companies.
William Jackson, an environmental attorney with Kelley Drye, called the settlement and forthcoming trial “landmark matters.”
Tuesday was not the first time New Jersey had reached a large settlement with a company over PFAS.
In 2023, state officials announced a $393 million settlement with chemical maker Solvay Specialty Polymers to clean up various locations across 37 square miles contaminated by “forever chemicals” in Gloucester and Camden Counties.
The state had accused Solvay, which has a plant just off the Delaware River in West Deptford, Gloucester County, with contaminating drinking water and causing other pollution linked to toxic compounds once produced at the plant.
‘Better living through chemistry’
During Tuesday’s announcement, DEP Commissioner Shawn LaTourette said manufacturers of PFAS “knew just how poisonous these substances were” when they were released into New Jersey’s environment.
“It’s better living through chemistry — until it isn’t,” LaTourette said.
He noted that 3M has been moving away from PFAS.
“We begrudge no innovator their creativity or the ability to profit from their ideas and their creations, but we do ask that they innovate safely and with care for the people and the communities,” LaTourette said.
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