If you owned, occupied, or used land or bodies of water in Morgan, Lawrence, Franklin, Limestone, Colbert, or Lauderdale Counties, you will be affected by a class action settlement.

Jan 19, 2022 11:07 AM ET

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A settlement has been reached with 3M Company, Daikin America, Inc., Dyneon, LLC, Synagro WWT, Inc., Synagro South, LLC, Toray Fluorofibers (America), Inc., BFI Waste Systems of Alabama, LLC, BFI Waste Systems of North America, LLC, The City of Decatur, Alabama, and Morgan County, Alabama ("Defendants") in a class action lawsuit about whether they polluted the Tennessee River and nearby soil, groundwater, surface water, sediment, air, and fish by discharging certain per- and polyfluoroalkyl substances ("PFAS"), including perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonate ("PFOS"). The class is represented by Hare, Wynn, Newell & Newton, LLP and Alexander, Corder & Shelly, P.C.  The Defendants deny all of the claims made in the lawsuit.


The settlement includes all Persons that have owned, occupied, otherwise had an ownership or possessory interest (including through a lease, easement, or joint or common tenancy) in, resided at, maintained a business of any kind at, worked at, or recreated on any real property (including the Tennessee River, its tributaries, and all other bodies of water) located in Morgan CountyLawrence CountyFranklin CountyLimestone CountyColbert County, or Lauderdale County, Alabama at any time between April 21, 2003, and December 17, 2021 ("Class Members"). Class Members will receive equitable relief in the form of certain Defendants providing investigation, remediation, and monitoring of sites, soils, basins, ponds, groundwater, and fish.


In addition, Class Members that, as of December 17, 2021, own, occupy, or have an ownership or possessory interest in real property in Morgan CountyLawrence CountyFranklin County, or Limestone County, Alabama on which biosolids containing PFAS compounds were applied at any time are also part of the Sludge Application Settlement Subclass. Certain of the Defendants have agreed to create a $5,000,000 Sludge Application Settlement Fund for such properties where biosolids obtained from Decatur Utilities were applied as fertilizer during approximately 1998-2008.  Sludge Application Settlement Subclass Members must complete and submit a Claim Form by May 5, 2022 to receive a payment. Claim Forms may be filed online or printed from www.StJohnSettlement.com. Class Members will not receive monetary compensation unless they are also Sludge Application Settlement Subclass Members and file a claim.


If Class Members do nothing, their rights will be affected. If they don't want to be legally bound by the settlement to the extent it deals with claims for monetary damages, they must exclude themselves by March 17, 2022. Unless they exclude themselves, they won't be able to sue the Defendants for money damages released by the Class Settlement Agreement; however, they cannot exclude themselves from the release of claims for equitable relief. If they choose not to exclude themselves, they may object to the settlement by March 17, 2022. The Court will hold a Fairness Hearing in this case (St. John v. 3M Company, No. CV-02-000408) on April 21, 2022, to decide whether to approve the settlement.


For further information about the settlement and how you can file a claim, exclude yourself from the Settlement Class, or object to the settlement, please visit www.StJohnSettlement.com or call 1-888-890-6718.


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