HomeMy WebLinkAboutResolution 5850-11-2023 (2) RESOLUTION NO. 5850-11-2023
A RESOLUTION OF THE CITY OF FORT WORTH, TEXAS,
AUTHORIZING THE CITY ATTORNEY OR DESIGNEE TO OPT
THE CITY OUT OF THE 3M AND DUPONT CLASS ACTION
SETTLEMENTS FOR DRINKING WATER CONTAMINATION;
AUTHORIZING RELATED MEMORANDA OF
UNDERSTANDING WITH THE CITY'S WHOLESALE WATER
CUSTOMERS; AND AUTHORIZING LITIGATION AGAINST 3M,
DUPONT, AND OTHER PARTIES AS NECESSARY, INCLUDING,
BUT NOT LIMITED TO,THE DEPARTMENT OF DEFENSE.
WHEREAS, per- and polyfluoroalkyl substances ("PFAS") are a class of man-
made chemicals that do not naturally break down and have been linked to negative health
and environmental outcomes; and
WHEREAS, the U.S. Environmental Protection Agency has proposed to regulate
certain PFAS under the Safe Drinking Water Act and Comprehensive Environmental
Response, Compensation, and Liability Act; and
WHEREAS, thousands of lawsuits relating to harms caused by PFAS have been
combined into multi-district litigation in the U.S. District Court for the District of South
Carolina,In re Aqueous Film-Forming Foams Products Liability Litigation,No. 2:18-mn-
2873-RMG ("MDL"); and
WHEREAS, U.S. public water systems have brought hundreds of lawsuits
currently pending in the MDL alleging contamination of their water supplies by PFAS
manufacturers such as 3M Company("3M"),which is or was a predominant manufacturer
of PFAS, and DuPont de Nemours, Inc. and several associated companies (collectively,
"DuPont"),which are or were major players in the PFAS market; and
WHEREAS, the MDL court preliminarily approved two proposed class action
settlement agreements between a nationwide class of public water systems and 3M as well
as DuPont, in the cases City of Camden, et al. v. 3M Company, Case No. 2:23-cv-03147-
RMG(D.S.C.),and City of Camden, et al. v. E.I. DuPont de Nemours and Company, et al.,
No. 2:23-cv-03230-RMG (D.S.C.); and
WHEREAS, the City of Fort Worth constitutes a public water system under the
settlements' definitions and is therefore a putative class member in both settlements; and
WHEREAS, any putative class member will be held to participate in each
settlement unless it affirmatively files a request for exclusion, or "opts out" of the
settlement class; and
WHEREAS,putative class members have until December 4,2023 to opt out of the
DuPont settlement and until December 11, 2023 to opt out of the 3M settlement; and
WHEREAS, if it participates in the settlements, the City of Fort Worth would
release any and all claims against 3M and DuPont related to PFAS found in the city's
drinking water supplies in return for an amount in compensation that would be inadequate
to meet the city's needs; and
WHEREAS,the City Council of the City of Fort Worth finds that it is in the public
interest to opt out from the settlement classes in both the 3M and DuPont settlement
agreements and to seek funding for PFAS treatment by alternative means.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH,TEXAS, THAT:
1. The City Attorney or her designee is authorized to opt the City out of the 3M and
DuPont settlements.
2. The City of Fort Worth is hereby authorized to enter into Memoranda of
Understanding with its wholesale water customers regarding the rights and
responsibilities of these customers with respect to the matters in the class action
preliminary settlement agreements proposed in City of Camden, et al. v. 3M
Company, Case No. 2:23-cv-03147-RMG (D.S.C.), and City of Camden, et al. v.
E.I. DuPont de Nemours and Company, et al.,No. 2:23-cv-03230-RMG(D.S.C.).
3. The City of Fort Worth is hereby authorized to commence litigation in the MDL
against 3M,DuPont, and other AFFF manufacturers,including: Tyco Fire Products
LP (successor-in-interest to The Ansul Company); AGC, Inc. (f/k/a Asahi Glass
Co., Ltd.); AGC Chemicals Americas, Inc.; Amerex Corporation; Archroma
Management Llc;Archroma U.S., Inc.;Arkema Inc.;BASF Corporation;Buckeye
Fire Equipment Company; Carrier Global Corporation;Chemdesign Products,Inc.;
Cheinguard, Inc.; Chemicals Incorporated; Chubb Fire,Ltd.; Clariant Corporation;
Daikin America, Inc.; Deepwater Chemicals, Inc.; Dynax Corporation; Kidde-
Fenwal, Inc.; Kidde PLC, Inc.; Nation Ford Chemical Company; National Foam,
Inc. (successor-in-interest to Angus Fire Armour Corp.); Raytheon Technologies
Corporation (f/k/a United Technologies Corporation); and UTC Fire & Security
Americas Corporation, Inc. The City of Fort Worth is hereby also authorized to
commence litigation against other necessary defendants including, but not limited
to, the United States Department of Defense, after fulfilling Federal Tort Claims
Act jurisdictional prerequisites.
Adopted this 281h day of November 2023.
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By:
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Jannette S. Goodall, City Secretary ��d °°°°°°°°°°°°°