Evers, Kaul oppose 3M 'forever chemical' contamination settlement, say it won't do enough

MADISON - Gov. Tony Evers and Attorney General Josh Kaul said Thursday they oppose a proposed settlement of more than $10 billion between public water systems and corporate giant 3M over widespread "forever chemicals," saying it may do more harm than good when it comes to cleaning up the problem.

Evers and Kaul, both Democrats, said in a press release they are concerned that the settlement may actually require water systems to reimburse 3M for many costs, even after the settlement funds are paid out.

"Communities across our state are dealing with the effects of PFAS contamination, and we know folks and families are already facing enormous costs to get these harmful pollutants out of our water supplies," Evers said in the release. "I promised the people of Wisconsin we would work to ensure those responsible are held accountable and would fight to make sure taxpayers don’t have to foot the bill to clean up the messes that others made — this settlement falls short of that commitment.”

More: Wisconsin cities could see payout from 3M's 'forever chemical' settlement

The settlement would likely provide $10.5 billion to $12.5 billion to water systems over a set number of years, and would likely involve all water systems across the country. But if water systems opted into the settlement, they would do so without knowing how much money they would actually receive, according to a legal brief outlining the opposition, and some water systems may not even know the full extent of their contamination at the time.

Also, communities that opt-in would not be able to file a lawsuit against 3M in the future if contamination they find is linked to the company's products.

Other concerns include shifting the responsibility for contamination cleanup from responsible companies to water systems, and therefore taxpayers, according to the opposition letter. The brief raises the scenario of an individual or group within a community successfully suing 3M and the company requesting that the settlement total be paid back by the community's water treatment system.

At best, the brief said, that provision of the settlement would create an "open-ended risk" for water systems, and at worst, it would leave communities much worse off, paying 3M for "its own liabilities while retaining insufficient funds to address the drinking water problem caused by 3M's PFAS."

"We must ensure that our drinking water is safe from toxic forever chemicals and that taxpayers aren’t left to foot the bill for remediating PFAS contamination,” Kaul said in the release. “We will continue working to hold the companies that profited from the production and sale of PFAS accountable."

As of Thursday, a bipartisan group of leaders from 22 other states have also signed on to the opposition letter.

The settlement still has to be approved by the federal court in South Carolina where all similar cases were consolidated.

Wisconsin cities like Wausau, which has found elevated levels of PFAS in all of its municipal water wells, saw the settlement as a win and a way to possibly recoup the money they've had to spend and borrow to treat the water for residents. In late June, Wausau Mayor Katie Rosenberg said that anything that could be done to "defray the cost" would be beneficial to those who pay for the water in the city, who are facing a large rate hike in the coming years.

Wausau is one of many Wisconsin local governments that have filed a suit against major PFAS manufacturers, including La Crosse, the Town of Peshtigo and Dane County.

PFAS, or per- and polyfluoroalkyl substances, are a family of man-made chemicals used for their water- and stain-resistant qualities in products like clothing and carpet, nonstick cookware, packaging and firefighting foam. The family includes 5,000 compounds, which are persistent, remaining both in the environment and human body over time.

The chemicals have been linked to types of kidney and testicular cancers, lower birth weights, harm to immune and reproductive systems, altered hormone regulation and altered thyroid hormones. The chemicals enter the human body largely through drinking water.

PFAS have been found across the state in cities like La Crosse, Marinette, Peshtigo, Milwaukee, Madison, Rib Mountain, the Town of Stella, Rhinelander and Eau Claire. As testing increases, more communities are finding the compounds within their water supplies and considering what actions to take to protect residents.

Laura Schulte can be reached at leschulte@jrn.com and on Twitter at @SchulteLaura.

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This article originally appeared on Milwaukee Journal Sentinel: Evers, Kaul oppose 3M 'forever chemical' contamination settlement