HomeMy WebLinkAbout2024 Resolution No. 0301
RESOLUTION NO. 30
SERIES OF 2024
A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
CONTINUE PARTICIPATION AS A CLASS MEMBER AND OPT INTO FUTURE
PROPOSED SETTLEMENTS IN THE IN RE AQUEOUS FILM-FORMING FOAMS
PRODUCTS LIABILITY LITIGATION, MDL NO. 2:18-MN-2873
WHEREAS, Per- and Polyfluoroalkyl Substances (PFAS) are contaminants that have been
found in water supplies across the United States, posing potential health risks to the public; and
WHEREAS, litigation concerning the contamination of water and soil by PFAS,
particularly from the use of Aqueous Film-Forming Foams (AFFF) manufactured by various
entities, was consolidated on December 7, 2018, in the United States District Court for the District
of South Carolina as In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No.
2:18-mn-2873 (“MDL 2837”), before the Honorable Richard M. Gergel; and
WHEREAS, multiple settlement agreements have been proposed within MDL 2837 to
compensate public water systems that have detected PFAS contamination in their drinking water
supplies, with the settlements designed to address nearly all PFAS-related claims involving
drinking water contamination brought by eligible U.S. water providers; and
WHEREAS, by Resolution No. 30, Series 2023, City Council authorized the City opt into
settlement agreement with defendants 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”) in MDL 2837 and by Resolution
26, Series 24 City Council authorized the City to opt into settlement agreement with defendants
BASF Corporation (“BASF”) and Tyco Fire Products LP (“Tyco”) in MDL 2837; and
WHEREAS, as a public water provider, the City qualifies as a member of the proposed
class and is eligible to participate in settlements with other defendants that pertain to PFAS
contamination and remediation, which would allow the City to receive settlement funds in
exchange for releasing liability against the defendant manufacturers; and
WHEREAS, by continuing to participate as a class member and opting into such
settlements with other defendants, the City stands to recover funds to assist in the contamination
and remediation efforts for PFAS in its water supply, which are necessary to protect public health
and safety; and
WHEREAS, opting into these settlements does not preclude the City from pursuing other
sources of funding for PFAS contamination and remediation, such as federal funding or potential
recoveries achieved through the efforts of the Colorado Attorney General's Office; and
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WHEREAS, the City Council finds that it is in the best interest of the City and its residents
to authorize continued participation as a class member in MDL 2837 and to opt into any proposed
settlements related to public water providers to maximize the potential recovery of funds for PFAS
remediation; and
WHEREAS, the City of Englewood Water and Sewer Board has reviewed this
recommendation and recommends that the City Council grant authority for the City to continue
participating as a class member in MDL 2837 and to opt into any proposed settlements relevant to
public water providers; and
WHEREAS, City staff further recommends that the City Council grant authority for the
City to continue participating as a class member in MDL 2837 and to opt into any proposed
settlements relevant to public water providers.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council hereby authorizes the City of Englewood to continue its
participation as a class member in In re Aqueous Film-Forming Foams Products Liability
Litigation, MDL No. 2:18-mn-2873 (“MDL 2837”).
Section 2. The City Council further authorizes the City Manager, or their designee, to
review and opt into any proposed settlements within MDL 2837 that pertain to public water
providers on terms substantially similar to those previously authorized by Resolution No. 30,
Series 2023, concerning settlement agreements with defendants 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”) in MDL
2837, and by Resolution No. 26, Series 2024, concerning settlement agreements with defendants
BASF Corporation (“BASF”) and Tyco Fire Products LP (“Tyco”) in MDL 2837 .
Section 3. The City Council further authorizes the Mayor, Mayor Pro Tem (in the Mayor’s
absence), and/or City staff the authority to take all actions necessary to implement the provisions
of Sections 1 and 2 above, including without limitation preparing and filing claim forms to
participate in any settlements.
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ADOPTED AND APPROVED this 4th day of November, 2024
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
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 2024.
Stephanie Carlile
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