Explanation
The purpose of this ordinance is to establish a special purpose fund to allow for the receipt of settlement funds associated with PFAS AFFF litigation. This ordinance authorizes the City of Columbus to create a special purpose fund and to accept funds from the City’s settlement of claims in the Multi-District Aqueous Film-Forming Foams (“AFFF”) Product Liability Litigation (“the MDL”) - IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCT LIABILITY LITIGATION in the United States District Court for the District of South Carolina, MDL Case No. 2:18-mn-2873-RMG
In accordance with Ordinance 2051-2023, passed July 10, 2023, the City of Columbus, through the Office of the City Attorney, obtained outside special counsel to represent the City in the MDL. Outside special counsel filed a complaint on behalf of the City of Columbus against seventeen AFFF companies on August 18, 2023. The claims alleged were brought by the City of Columbus on behalf of the Department of Safety and two divisions of the Department of Public Utilities for damages suffered.
The City of Columbus became a Settling Class Member in the settlement of public water system claims against Defendants E.I. DuPont de Nemours (n/k/a Eidp, Inc.), DuPont de Nemours, Inc., the Chemours Company, the Chemours Company FC, LLC, and Corteva, Inc. (collectively, “Dupont”) on December 4, 2023 when it did not opt out of the class settlement. The City of Columbus became a Settling Class Member in the settlement of public water system claims against 3M Company (“3M”) on December 11, 2023 when it did not opt out of the class settlement. All claims against other Defendants or that are unrelated to PFAS contamination of public water systems are still pending. The City of Columbus anticipates that it may be a party to future settlements of many of the remaining claims.
Fiscal Impact: Settlement proceeds will be deposited into this special purpose fund to be used for expenses related to PFAS contamination.
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