3M, DuPont Secure Victory in Landmark Class Action over Forever Chemicals
U.S. Appeals Court Delivers a Decisive Win
In a groundbreaking decision, the 6th U.S. Circuit Court of Appeals has handed a significant victory to 3M, Corteva Inc (a subsidiary of E.I. du Pont de Nemours and Co), and other manufacturers in the realm of toxic “forever chemicals.” The court’s ruling, announced on Monday, rejects a lower court’s decision that would have allowed approximately 11.8 million Ohio residents to collectively sue these chemical giants.
The Appeal Unraveled
The appeals court, based in Cincinnati, Ohio, made a pivotal move by vacating the lower court’s approval of the massive class action. This class action, encompassing almost every resident of Ohio, exerted substantial legal pressure on the chemical manufacturers to settle the plaintiffs’ claims. The court found fault with lead plaintiff Kevin Hardwick’s complaint, deeming it too broad and lacking in specificity against individual defendants such as 3M, DuPont, and others.
A Case Too Ambitious?
Circuit Judge Raymond Kethledge, in a scathing assessment, noted that Hardwick’s complaint “rarely” singled out the actions of any one company. Instead, it accused the companies collectively of contaminating the environment with per- and polyfluoroalkyl substances (PFAS). Notably, there are thousands of companies implicated in manufacturing PFAS, with only 10 listed as defendants in this case.
“The case is seldom as ambitious as filed on so slight a basis,” Judge Kethledge remarked, underscoring the magnitude of the legal battle.
Dismissal and Implications
The appeals court’s directive to dismiss Hardwick’s lawsuit signals a significant turn in the legal saga. Hardwick’s initial goal was to compel the companies to fund studies analyzing the health impacts of PFAS, substances widely used in consumer products such as non-stick pans and clothing. These chemicals have been linked to serious health concerns, including cancer.
The dismissed lawsuit also aimed to establish a fund for monitoring Ohio residents for potential health impacts arising from PFAS exposure.
Industry Reaction
A spokesperson for 3M expressed satisfaction with the court’s decision, signaling relief for the company. On the other side, Robert Bilott, the attorney representing Hardwick, challenged the decision, asserting that it contradicts the known history of PFAS manufacturing in the United States. Bilott’s team is evaluating whether to appeal the ruling.
Representatives for the other defendants, including DuPont, did not immediately provide comments on the court’s decision.
The ‘Forever Chemicals’ Challenge
PFAS, often dubbed “forever chemicals,” earned their moniker due to their persistent nature, resisting breakdown both in nature and the human body. These substances have become the focal point of numerous lawsuits, including the one against 3M, DuPont, and other industry players.
Previous Settlements
This legal battle adds to the string of lawsuits against 3M, DuPont, and others in recent years. Notably, in June, 3M agreed to a substantial $10.3 billion settlement to resolve hundreds of claims related to public drinking water contamination. Similarly, Chemours Co, DuPont de Nemours Inc, and Corteva reached a separate $1.19 billion deal with U.S. water providers.
Regulatory Landscape
The U.S. Environmental Protection Agency (EPA) has identified PFAS as an “urgent public health and environmental issue.” Taking concrete steps, the EPA is actively working on regulating PFAS, particularly in drinking water.
In Conclusion
The recent U.S. appeals court decision marks a turning point in the legal battle over PFAS. As 3M and DuPont secure a victory, the implications extend beyond this case, affecting the broader landscape of environmental and health-related lawsuits. The court’s meticulous evaluation of the plaintiff’s claims underscores the complexity of holding manufacturers accountable for the widespread impact of ‘forever chemicals.’