The Aqueous Film-Forming Foams (AFFF) Products Liability Litigation multi-district litigation (MDL) overseen by the US District Court for the District of South Carolina is comprised of more than 10,000 associated cases, divided into three plaintiff categories: Public Water Systems, Sovereign Entities, and Personal Injury/Class Action.
In 2025, the court facilitated multibillion dollar settlements between the more than 1000 Public Water System plaintiffs and four defendants in the litigation: 3M Company, DuPont, Tyco Fire Products LP, and BASF Corporation. Plaintiffs had brought claims for relief from the high cost of removing or reducing two PFAS compounds (PFOA & PFOS) from their water supply. The toxic compounds were used extensively at military bases, airports, and other industrial sites where AFFFs were used to extinguish liquid fuel fires. They require specialized treatment systems, such as Granular Activated Carbon, which carry significant costs to install and for monitoring, operation, and maintenance.
Sher Edling represented more than 30 water providers in the MDL, who collectively were awarded more than $400 million to offset those costs.
“We are proud to represent public water providers who fight for the health and financial security of their communities and are glad they are getting some relief from the high costs of removing PFAS from their water supply.”
-Matt Edling said in a press statement when the first awards were finalized by the court.Sher Edling currently represents eight states in the Sovereign category of the MDL that is waiting adjudication: California, Hawaii, Maryland, New Mexico, Oregon, Rhode Island, Washington, and Wisconsin. Partners at Sher Edling have also been appointed to the Plaintiffs’ Executive Committee and co-chair the Discovery, Public Water Supply, and States/Sovereigns Committees.
(Aqueous Film-Forming Foams (AFFF) Products Liability Litigation, MDL No. 2873 (D.S.C.))
