HomeMy WebLinkAbout2023 Resolution No. 0301
RESOLUTION NO. 30
SERIES OF 2023
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
OPT INTO THE SETTLEMENT AGREEMENTS WITH 3M COMPANY AND THE
CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, DUPONT DE
NEMOURS, INC., CORTEVA, INC., AND E.I. DUPONT DE NEMOURS AND
COMPANY N/K/A EIDP, INC. IN RE: AQUEOUS FILM-FORMING FOAMS
PRODUCTS LIABILITY LITIGATION, MDL NO. 2873 (MULTI-DISTRICT CLASS
ACTION PFAS LITIGATION).
WHEREAS, on December 7, 2018, litigation involving the contamination of water and
soil by Per- and Polyfluoroalkyl Substances manufactured by various entities was consolidated in
the United States District Court of South Carolina as In re Aqueous Film-Forming Foams Products
Liability Litigation, MDL No. 2873 (“MDL 2837”), before the Honorable Richard M. Gergel; and
WHEREAS, separate settlements have been filed in MDL 2837 on behalf of defendant
manufacturers 3M Company (“3M”) and the Chemours Company, The Chemours Company FC,
LLC, DuPont de Nemours, Inc., Corteva, Inc., and E.I. DuPont de Nemours and Company n/k/a
EIDP, Inc. (collectively “DuPont”) to compensate public water systems; and
WHEREAS, the 3M and DuPont settlements are meant to resolve nearly all PFAS-related
claims involving drinking water brought by U.S. water providers against those manufacturers, as
well as the majority of any claims that could be brought in the future; and
WHEREAS, under the proposed settlements, 3M would pay to class members $10.5–12.5
billion to eligible claimants over a 12-year period, and DuPont would pay $1-2 billion—after
certain substantial deductions for costs like attorney fees; and
WHEREAS, the City of Englewood, as a public water system provider, qualifies as a
member of the proposed class and is eligible to participate as a class member in the 3M and DuPont
settlements and, in exchange for a release of liability against the defendants, receive settlement
funds in an amount that is fair and reasonable as determined by the Court for the contamination
and remediation of PFAS; and
WHEREAS, class members have an option to opt-out of the separate settlements (i.e.,
forego settlement and continue litigating against 3M, Dupont, and/or other PFAS manufacturers)
by exercising the option by December 4, 2023, for the Dupont settlement, and by December 11,
2023, for the 3M settlement; and
WHEREAS, should the City exercise its option to opt out of the separate settlement
agreements, any potential recovery the City would receive is speculative and contingent upon the
City filing litigation, successful prosecution of its claims, a verdict in its favor, and the financial
wherewithal of any defendant entities to pay any damages awarded to the City; and
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WHEREAS, by continuing to opt in as a class member in MDL 2837, the City estimates
a potential recovery of approximately $3,500,000 from the 3M settlement and approximately
$300,000 from the Dupont settlement; and
WHEREAS, choosing to opt into the settlement agreement and participate as a class
member does not prevent the City from sourcing funds elsewhere for the contamination and
remediation of PFAS, such as federal funding or any potential recovery achieved by Colorado’s
Attorney General’s Office through Colorado’s natural resources claim; and
WHEREAS, the Englewood Water and Sewer Board reviewed and recommended that
City Council approve the City’s continued participation as a class member in the 3M and Dupont;
and
WHEREAS, given the speculative potential recovery to the City should the City opt out
of the class action litigation, City staff recommends that the City Council approve the City’s
continued participation as a class member in the 3M and Dupont.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood authorizes the City to opt into the
3M and Dupont settlement agreements in the United States District Court of South Carolina as In
Re: Aqueous Film-Forming Foams Prods. Liab. Litig., MDL No. 2873, in the forms substantially
the same as that attached hereto.
Section 2. The Mayor, Mayor Pro Tem (in the Mayor’s absence), and/or City staff are
hereby granted the authority to take all actions necessary to implement the provisions of Section 1
above, including without limitation preparing and filing a 3M and DuPont claim form to participate
in the settlements.
ADOPTED AND APPROVED this 20th day of November, 2023.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
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I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. 30, Series of 2023.
Stephanie Carlile
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