HomeMy Public PortalAboutResolution No. 590-23 11-30-2023 RESOLUTION NO. 590-23
A RESOLUTION OF THE CITY OF RICHLAND HILLS, TEXAS,
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ANY DOCUMENTS NECESSARY TO ALLOW THE
CITY OF RICHLAND HILLS TO REMAIN IN THE 3M AND DUPONT
CLASS ACTION SETTLEMENTS FOR DRINKING WATER
CONTAMINATION
WHEREAS, per- and polyfluoroalkyl substances ("PEAS") are a class of
man-made chemicals that do not naturally break down and have been linked to
negative health and environmental outcomes; 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, thousands of lawsuits relating to harms caused by PFAS have
been combined into multi-district litigation in the U.S. District Court for the District
of South Carolina, In re Aqueous Film-Forming Foams Products Liability Litigation,
No. 2:18-mn-2873-RMG ("MDL"); and
WHEREAS, U.S. public water systems have brought hundreds of lawsuits
currently pending in the MDL alleging contamination of their water supplies by
PFAS manufacturers such as 3M Company ("3M"), which is or was a predominant
manufacturer of PFAS, and DuPont de Nemours, Inc. and several associated
companies (collectively, "DuPont"), which are or were major players in the PFAS
market; and
WHEREAS, the MDL court preliminarily approved two proposed class
action settlement agreements between a nationwide class of public water systems
and 3M as well as DuPont, in the cases 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-cv-03230-RMG (D.S.C.); and
WHEREAS, the City of Richland Hills constitutes a public water system
under the settlements' definitions and is therefore a putative class member in both
settlements; and
WHEREAS, any putative class member will be held to participate in each
settlement unless it affirmatively files a request for exclusion, or "opts out" of the
settlement class; and
WHEREAS, putative class members have until December 4, 2023 to opt
out of the DuPont settlement and until December 11, 2023 to opt out of the 3M
settlement; and
WHEREAS, if it participates in the settlements, the City of Richland Hills
would release any and all claims against 3M and DuPont related to PFAS found in
the city's drinking water supplies in return for compensation provided in the
settlement; and
WHEREAS, the City Council of the City of Richland Hills finds that it is in
the public interest to remain a member of the settlement classes in both the 3M
and DuPont settlement agreements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF RICHLAND HILLS, TEXAS, THAT:
The City Manager or her designee is authorized to execute any documents
necessary to allow the City to remain in the 3M and DuPont class action
settlements.
APPROVED AND ADOPTED at a special called meeting of the Richland
Hills City Council on November 30, 2023, by a vote of ayes, 0 nays, and
abstentions.
APPROVED: ATTEST:
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The Honorable Mayor Edward Lopez indsay Rawlinson, City Secretary
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Resolution No. 590-23, Page 2 of 2