Clean Water Current

NACWA filed a brief last week with the U.S. District Court for the District of New Jersey objecting to the proposed settlements between the New Jersey Department of Environmental Protection (NJDEP) and PFAS manufacturers 3M and DuPont and asking the court to deny their approval.

Under the settlements, over the course of 25 years 3M would pay New Jersey approximately $450 million and DuPont approximately $875 million to address PFAS contamination throughout the state, including the cleanup of several PFAS manufacturing sites. In return, the companies would receive broad releases from essentially all PFAS-related liability, including under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Clean Water Act and the Safe Drinking Water Act.

NACWA’s brief outlines how the state accepting such broad liability releases in return for such small sums of money may be a good deal for 3M and DuPont, but not for the public.

Stressing the potential impacts PFAS pollution may have on affordability, biosolids management and the provision of clean water services both in the state and nationally, NACWA’s brief objects to the language in the settlements unlawfully seeking to bind clean water utilities, who were not parties to either the underlying litigation or settlement negotiations, to their broad releases.

In particular, NACWA argues that, by attempting to stop clean water utilities from seeking appropriate redress from PFAS manufacturers in the future, the proposed settlements risk establishing a public – rather than polluter – pays model for PFAS cleanups in the state.

NACWA’s brief also reiterates how the proposed settlement amounts, none of which are guaranteed to clean water utilities, pale in comparison to the amounts NACWA’s members in the state will likely have to spend to remove or destroy PFAS, both in terms of up-front capital expenditures and annual operations and maintenance costs.

The District Court will hold oral arguments on whether it should enter the proposed settlements on Jan. 7, 2026. NACWA will continue to keep members apprised of any developments.

NACWA thanks Legal Affiliate Marten Law for its excellent work in representing NACWA on this matter. Please contact NACWA’s Chief Legal Officer, Amanda Aspatore, with any questions.