HomeMy WebLinkAboutResolution 6006-09-2024A RESOLUTION
No. 6006-09-2024
AUTHORIZING THE CITY OF FORT WORTH TO OPT -IN TO CLASS
ACTION SETTLEMENTS INVOLVING TYCO FIRE PRODUCTS LP
AND BASF CORPORATION REGARDING THE MANUFACTURING OF
AQUEOUS FILM -FORMING FOAM PRODUCTS
WHEREAS, per- and polyfluoroalkyl substances ("PFAS") are a class of man-made chemicals
linked to negative health and environmental outcomes that have been discovered in the City of Fort
Worth's drinking water sources; 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, the City of Fort Worth has incurred or will be forced to incur significant costs to treat
its drinking water for PFAS; and
WHEREAS, through Resolution No. 5850-11-2023 the City Council authorized.the City Attorney
or her designee to submit requests for exclusion, or "opt -outs," from the class'ttction settlements
between water providers nationwide and 3M Company ("3M") and several 'companies associated
with DuPont de Nemours, Inc. (collectively, "DuPont") regarding contamination of drinking water
supplies with per- and polyfluoroalkyl substances ("PFAS"); and
WHEREAS, the City Attorney's designee did submit requests for exclusion and successfully opted
out the City of Fort Worth from said settlement classes; and
WHEREAS, Tyco Fire Products LP ("Tyco") and BASF Corporation ("BASF") reached
settlement agreements on the same subject on April 12, 2024, and May 20, 2024, respectively,
which have been preliminarily judicially approved and are now being considered for final approval
in the multi -district litigation ("MDL") related to AFFF ongoing in the U.S. District Court for the
District of South Carolina (MDL No. 2:18-mn- 2873) (the "AFFF MDL"); and,
WHEREAS, the City Council of the City of Fort Worth finds that it is in the public interest to
continue to seek recovery for the costs of treating its drinking water for PFAS from certain
manufacturers, distributors, and users of AFFF and/or PFAS responsible for contaminating the
City's drinking water sources; and
WHEREAS, the City Council of the City of Fort Worth finds that it is in the public interest to join
the settlement classes in the Tyco and BASF settlement agreements.
WHEREAS, it is anticipated that the City will receive $2,082,910.00 from these
settlement agreements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
1. The City Manager or his designee is hereby authorized to join the Tyco and/or BASF
settlements 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-ev-03230-RMG (D.S.C.), respectively, based on the conclusion that
participation in either or both settlements would be in the public's best interest.
Adopted this 17th day of September 2024.
ATTEST:
Jannette S. Goodall, City Secretary