MAWC opts out of 'forever chemical' settlement

The Municipal Authority of Westmoreland County will not participate in a proposed $11 billion settlement of class-action lawsuits against major chemical companies who are alleged to have contaminated local water supplies.

The authority last year filed its own legal action against six companies that claimed they were responsible for toxic chemicals that leached into the public water supply during a July 2021 fire in McKeesport. MAWC officials said firefighting foam used to extinguish the blaze infiltrated the local water system, causing about 250 residents to go without service for nearly a month while crews worked to clean transmission lines and local homes.

Tests revealed the lasting presence of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, in the McKeesport system. Those man-made chemicals are used to make cookware, carpets, clothing, furniture fabrics, food packaging and other materials that are resistant to water, grease or stains. MAWC’s lawsuit alleges those chemicals were manufactured despite warnings of their potential toxicity and damage to water systems.

Companies 3M, Carrier, Chemours and DuPont and others were named as defendants in MAWC’s lawsuit filed last year. Lawyers said another 100 unnamed designers, manufacturers, marketers and sellers of the chemicals also were listed as defendants.

Authority officials said private attorneys hired to oversee the lawsuit recommended against joining the national settlement. MAWC board members unanimously voted this week to opt out of it.

“In general, by opting out it means it’s still being litigated and that we think our case is meritorious in terms of those other people in the class,” said authority solicitor Scott Avolio.

According to published reports, 3M and DuPont have reached tentative settlements in litigation filed in dozens of states. Those settlements are pending and await final approval, expected early next year, from a federal judge in South Carolina.

MAWC in its lawsuit is seeking an unspecified amount in damages related to the McKeesport incident and generally for what are termed as “forever chemicals” that seeped into the authority’s water supply. The authority has not publicly revealed its costs related to the cleanup of the McKeesport water system.

MAWC serves more than 122,000 water customers in Westmoreland, Allegheny, Armstrong, Fayette and Indiana counties.