In a recent development involving the landmark settlement between the New Jersey Department of Environmental Protection (NJDEP) and 3M, a New Jersey county has asked to be excluded from the settlement, stating it intends to pursue its own claims against the company for greater compensation.
The state originally sued 3M and other companies in 2019, alleging decades of discharging hazardous substances, including polychlorinated biphenyls, metals, pesticides, and PFAS. Under the settlement announced in May, 3M would be released from all PFAS-related claims statewide, including those tied to the design, manufacture, distribution, transportation, and disposal of PFAS; the presence of PFAS in the environment; and false or misleading advertising regarding PFAS-containing products (read more about the original settlement here).
In response to the proposed Judicial Consent Order (JCO) that would finalize the settlement, Monmouth County has moved to intervene, arguing the recovery from 3M, capped at $450 million, will fall billions of dollars short of the actual cost of PFAS remediation across the state of New Jersey. The county contends it has suffered “significant damage” from PFAS contamination within its jurisdiction and criticizes the New Jersey Attorney General’s Office for failing to consult municipalities or provide an opt-out option. According to the county, this approach disregards due process and undermines local governments’ ability to assess and address harm.
Monmouth County further warns that future wastewater regulations will require PFAS treatment before reinjection into aquifers, and, if bound by the JCO, municipalities would be barred from seeking compensation for costly facility upgrades, effectively shifting the financial burden onto local taxpayers.