Lexington opts out of ‘forever chemicals’ settlement

Posted 11/30/23

The Town of Lexington has chosen to opt out of a class action lawsuit against DuPont, 3M and other chemical companies who are being sued for their involvement in PFAS chemicals.

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Lexington opts out of ‘forever chemicals’ settlement

Posted

The Town of Lexington has chosen to opt out of a class action lawsuit against DuPont, 3M and other chemical companies who are being sued for their involvement in PFAS chemicals.

At a special called meeting on Nov. 20, Lexington Town Council unanimously decided to opt out of a class action lawsuit that would grant the town funds to rid the water system of toxic forever chemicals found in drinking water. 

PFAS chemicals, also known as forever chemicals, are long-lasting chemicals used in hundreds of consumer and commercial products. The components break down very slowly over time, earning them the name of forever chemicals.

Low levels of forever chemicals have even been found in both the blood of people and animals across the world according to the United States Environmental Protection Agency. 

Earlier this year, lawyers suing makers and suppliers of forever chemicals reached a class action settlement. The settlement totaled more than $13 billion. 

The money will be used to repair and improve drinking water systems across the country, including some places in Lexington County. 

The City of Cayce plans to accept the settlement, with city Public Information Officer saying the municipality has been “a pioneer in this matter.”

“We have been a part of this lawsuit from the beginning and benefit greatly from being represented by the litigating law firm, who will continue to handle all aspects of our claim for us,” she said. “After fully examining the current settlements and circumstances specific to the City of Cayce, it is our present intention to continue forward with the 3M and DuPont settlements while continuing to pursue litigation against the non-settling defendants. These settlements are an opportunity to collect money in the near future to the benefit of Cayce and its citizens, without the uncertainty and delay that comes from opting out of either settlement.”

However, because the Town of Lexington and the City of Columbia have opted out of the lawsuit, they will receive nothing. 

Council voted against accepting the settlement because the settlement would release the companies from liability in the future.

Columbia plans to file its own lawsuit against the chemical giants in an attempt to receive more money.  However, it is uncertain if the town of Lexington plans to take more action.

According to reporting done by The State, the City of Columbia said it could cost anywhere from $150 million to $200 million to upgrade the water system to filter out forever chemicals.  

This is not the first time DuPont has been sued in relation to its chemicals. In 1998, multiple lawsuits were filed against the company in relation to the chemical used to produce Teflon. The lawsuits were filed by local farmers and residents who claimed to suffer from illnesses related to PFOA pollution from DuPont’s plant in West Virginia. 

One lawsuit was settled in 2005 when DuPont agreed to pay up to $235 million for medical monitoring of more than 70,000 people. In 2017, DuPont settled more than 3,500 lawsuits which totaled $671 million.

Jordan Lawrence contributed to this report.

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