First-of-its-Kind Agreement Is Largest Statewide PFAS Settlement in New Jersey History

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TRENTON – New Jersey Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced a landmark settlement of up to $450 million with 3M to resolve the State’s 2019 lawsuits and a Statewide Directive to address damage to the State’s water and other natural resources from dangerous chemicals known as PFAS (per- and polyfluoroalkyl substances), also commonly referred to as “forever chemicals.”

The settlement announced today involving 3M is the largest statewide PFAS settlement in New Jersey history.

The settlement, subject to public comment and court approval, resolves 3M’s liability in the State’s lawsuits regarding the Chambers Works site (located in Pennsville and Carneys Point) and Parlin site (located in Sayreville), and the DEP’s Statewide PFAS Directive, all initiated in 2019. The settlement will also resolve the State’s claims against 3M in the statewide litigation regarding PFAS in the firefighting material known as aqueous film-forming foam (AFFF). By settling, 3M will not stand trial in the Chambers Works case, currently scheduled for May 19, 2025, against DuPont, Chemours, and related defendants in U.S. District Court. This is one of the first statewide settlements that 3M has entered for PFAS liability in the country. And the Chambers Works trial will be the first trial brought by a state for PFAS contamination against any defendant.

Including the settlement announced today, the State has now obtained commitments by corporations to pay up to approximately $840 million for contaminating the environment in New Jersey with forever chemicals.

“Corporate polluters must be held accountable when they contaminate our state’s water supply. For decades, 3M knew that their PFAS chemicals were forever contaminating the New Jersey environment. But they continued to pollute the environment and escape accountability. That ends now,” said Attorney General Platkin. “New Jersey has some of the highest levels of PFAS in the country. That’s why New Jersey has been leading the national charge against corporate polluters who contaminate our drinking water and harm our state’s communities. Today’s settlement marks the latest chapter in our office’s efforts to combat PFAS contamination and protect access to clean water. We look forward to pursuing everyone else who had a role in contaminating New Jersey with PFAS, and we will see many of them at trial on Monday.”

“The makers of PFAS forever chemicals knew how poisonous these substances were, yet they produced and thoughtlessly released them into New Jersey’s environment anyway,” said Commissioner LaTourette. “This historic settlement marks another step toward holding polluters accountable for dangerous PFAS contamination that has wrought havoc on our water supplies, injured our natural resources, and threatened the public health. The damages we recover from 3M will help fund New Jersey’s nation-leading PFAS abatement efforts, improve drinking water quality in Salem County and statewide, and restore injured natural resources. The Department of Environmental Protection and our Attorney General will continue to hold all PFAS polluters accountable when and wherever they leave behind a toxic mess. The people of New Jersey should never be forced to clean up after them.”

PFAS are synthetic chemicals that have been manufactured in the United States since the 1940s. They are used to make a variety of household, consumer, and industrial products. They are known as “forever chemicals” because they do not degrade or break down over time and continue to accumulate in the environment and in humans. They are classified as likely carcinogens, with studies having shown that exposure to the chemicals may cause kidney, liver, and testicular cancer, as well as autoimmune and endocrine disorders in adults. PFAS have also been linked to developmental issues affecting fetuses during pregnancy and infants who breastfeed.

New Jersey is a national leader in assessing and responding to environmental and public health risks presented by PFAS. Today’s 3M agreement comes nearly two years after the State announced the largest single-site PFAS natural resource damages and remediation case settlement in New Jersey history with Solvay Specialty Polymers USA, LLC, for PFAS contamination in the vicinity of Solvay’s facility in West Deptford, Gloucester County.

History and Timeline

Minnesota-based 3M was one of the nation’s dominant producers of PFAS. In 2019, DEP notified 3M and other firms of their responsibility for significant PFAS contamination through a Statewide PFAS Directive.

In March 2019, New Jersey filed separate lawsuits against 3M concerning two specific sites. One complaint (later amended in 2024) alleged that the State of New Jersey sustained environmental damage as a result of 3M’s role in the contamination of the approximately 1,455-acre Chambers Works site in Pennsville and Carneys Point in Salem County.

The second complaint (later amended in 2020) brought similar environmental claims related to the Parlin facility in Sayreville in Middlesex County.

In addition, in May 2019, the State sued 3M and other manufacturers for environmental damage, as well as violations of the New Jersey Consumer Fraud Act, in connection with the manufacture, advertising, and sale of AFFF products that contain or break down into PFAS chemicals such as PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanoic acid).

By agreeing to the terms in the settlement, 3M will not go to trial on May 19 in the Chambers Works case. The remaining defendants are Delaware-based E.I. DuPont de Nemours and Co. (now known as EIDP, Inc.); The Chemours Company and The Chemours Company FC, LLC, both of which DuPont spun off in 2015; DuPont Specialty Products USA, LLC; Corteva Inc.; and DuPont de Nemours, Inc. These remaining defendants are not parties to the settlement and will proceed to trial.

Unlike the other defendants, 3M has been moving to end PFAS manufacturing. In 2000, 3M first announced its intentions to end manufacturing of certain PFAS compounds. In 2022, the company announced that it will exit all PFAS manufacturing and will work to discontinue the use of PFAS by the end of 2025.

Payment Schedule and Other Key Terms

The settlement outlines a payment schedule over 25 years, with a total value of up to $450 million.

The agreement begins with payments of $275 million to $325 million in the years 2026-2034. In the first year, 3M will pay $43,450,000 for Natural Resource Damages (NRD) for the Chambers Works site and $16,550,000 for PFAS abatement projects related to contamination from the site, which will include drinking water treatment. 3M will also pay $40 million to cover fees, costs and punitive damages. The settlement also includes payments for statewide NRD and abatement of PFAS contamination.

The agreement continues in 2035-2050 with an additional $125 million in payments, primarily for statewide PFAS NRD and abatement. Payments in these years are subject to certain offsetting credits that 3M may receive if local governmental jurisdictions are successful in asserting additional claims.

Among other things, the funds paid by 3M pursuant to this agreement will be used by DEP to protect public health, safety and the environment from impacts caused by PFAS contamination in New Jersey. The agreement also recognizes New Jersey as a national leader in PFAS abatement and remediation efforts.

This settlement with 3M is over and above funds already slated to be received by New Jersey Public Water Systems under 3M’s nationwide public water system settlement, announced in separate multidistrict AFFF litigation in 2023. That settlement is anticipated to provide approximately $300 to $500 million directly to New Jersey public water systems.

Under the terms of the settlement, 3M is released from liability stemming from its sale, marketing, distribution, use, or manufacture of PFAS in New Jersey. The company is required to continue investigating and remediating PFAS contamination at its former facilities in New Jersey where PFAS contamination has been identified.

This settlement does not affect purely private PFAS lawsuits filed by individuals against 3M.

New Jersey’s National Leadership in Combating PFAS Contamination

Today’s settlement builds on New Jersey’s ongoing national leadership in combating PFAS contamination. For instance, New Jersey reached a landmark settlement with Solvay regarding PFAS and other contamination at its site in West Deptford in 2023. Solvay has paid New Jersey $75 million for NRD, $100 million for DEP to assist with remediation projects, and $3.7 million for DEP’s past costs for investigation and cleanup. In addition, Solvay and DEP are in the process of cleaning up the West Deptford site itself and remediating water in and near the site. Solvay has guaranteed that it will maintain funding for that cleanup work in the amount of $214 million.

New Jersey was also the first state in the nation to set maximum contaminant levels (i.e., enforceable drinking water standards) for certain PFAS, and New Jersey has been a leader in conducting statewide occurrence studies of PFAS in drinking water.

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To view photos of the Chambers Works site and Parlin site, click here.

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