New Hampshire Receives PFAS Settlement for Public Water Systems from BASF Corporation

Concord, NH - Attorney General John M. Formella announces that New Hampshire has received a $1.815 million settlement payment it secured from BASF Corporation as a result of the State's ongoing litigation against the manufacturers of PFAS and aqueous film-forming foam (AFFF). This new settlement payment represents the State's Phase 1 Action Fund payment from a $316.5 million nationwide class action settlement approved by the U.S. District Court for the District of South Carolina as part of a multi-district litigation (MDL) regarding AFFF contamination. The State, through the efforts of the Department of Justice and the Department of Environmental Services, asserted claims for all eligible New Hampshire public water systems to maximize the State's share of the settlement funds.

"This settlement payment is bringing crucial resources to the State to assist our public water systems in addressing PFAS contamination in their water sources," said Attorney General Formella. "We remain committed to holding the manufacturers of harmful PFAS compounds and AFFF accountable and will not stop fighting to ensure that all Granite Staters have access to safe, clean drinking water."

The settlement funds will be deposited into the N.H. Drinking Water and Groundwater Trust Fund ("DWGTF") pursuant to RSA 485-H:6, where they will be disbursed to the qualifying public water systems to support mitigation of PFAS contamination in their water sources. Information for public water systems is available on the NHDES website.

The BASF settlement is the fourth national settlement addressing PFAS contamination in public drinking water systems, along with settlements by the 3M Company, the DuPont entities (E.I. DuPont de Nemours and Company n/k/a EIDP, Inc., DuPont de Nemours, Inc., The Chemours Company, The Chemours Company FC, LLC, and Corteva, Inc.), and the Tyco entities (Tyco Fire Products LP and Chemguard, Inc.). To date the State has received over $35 million, with additional payments expected through 2033. These settlements cover just one category of damages sought by New Hampshire, and the State will continue to seek full recovery for the damages caused by the manufacture and sale of PFAS and AFFF by the defendant companies.

New Hampshire has been a leader in identifying and addressing the emerging health threats of PFAS. New Hampshire was one of the first states to adopt drinking water standards for PFAS and filed suit in 2019 on behalf of the citizens of the State, including all public water systems, against the PFAS manufacturers.