Michigan Attorney General Dana Nessel urged municipalities on Mar. 30 to carefully review the claims process for class action settlements related to PFAS contamination in public water systems before signing agreements with outside firms.
The announcement comes as several law firms have begun advertising services to help municipalities obtain proceeds from these settlements, which involve companies such as 3M, E.I. Du Pont de Nemours and affiliated entities, Tyco Fire Products LP and Chemguard, Inc., and BASF Corporation. The settlements were approved by the United States District Court for the District of South Carolina as part of AFFF Multi-District Litigation no. 2873.
Nessel said, “Unfortunately, even municipalities are not immune from bad actors who will try and capitalize on any situation. While these PFAS settlements offer an opportunity for qualified municipal water systems to apply for funding to treat and test for water contamination, local governments should take the time to understand the claims process before entering into an agreement with an outside firm.” She added: “Carefully read the fine print in any agreement before signing a contract that potentially and unnecessarily consigns as much as a third of any given settlement.”
The Attorney General’s office noted that eligible water systems are already included in the settlement class unless they previously opted out. Municipalities can submit their claims directly through a portal managed by a Special Master and Claims Administrator on the PFAS Settlement website. No separate legal representation is required to apply for funds; all eligible systems are represented by Class Counsel.
Some law firms may charge fees or request a percentage of settlement proceeds if retained by municipalities seeking assistance with applications. Nessel expressed concern that this could lead some local governments to incur unnecessary expenses.
According to the official website, Dana Nessel held the role of Michigan’s 54th attorney general. The Michigan Department of Attorney General operates with statewide authority focused on serving residents through initiatives in public service and protection according to its official site. The department also advances social efforts such as actions against human trafficking, support for vulnerable populations, policy influence including drafting expungement laws like Clean Slate in 2019, and safeguards residents across Michigan as reported by its website.
Municipalities are encouraged to consult their own attorneys regarding questions about these settlements since neither this notice nor information from state agencies constitutes legal advice.
