State Receives $4.68 Million PFAS Settlement from Tyco Fire Products, LP and Chemguard, Inc. for New Hampshire Public Water Systems

Concord, NH - Attorney General John M. Formella announces that New Hampshire has received a $4.68 million settlement payment from Tyco Fire Products, LP and Chemguard, Inc. as a result of the State's ongoing litigation against the manufacturers of PFAS and aqueous film-forming foam (AFFF). This latest settlement payment represents the State's Phase 1 Action Fund payment from a $750 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.

The settlement funds will be deposited into the N.H. Drinking Water and Groundwater Trust Fund ("DWGTF") pursuant to RSA 485-H:6, where it 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.

"This settlement is another step forward in our fight to hold accountable those responsible for the contamination of our drinking water and other natural resources with PFAS," said Attorney General Formella. "These settlements will directly support our public water systems, helping them address PFAS contamination in their water sources. We remain committed to holding polluters accountable and will not stop fighting to ensure that all Granite Staters have access to safe, clean drinking water."

The Tyco settlement follows settlements with the 3M Company and 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.). Together, the State has already received over $34 million, with additional 3M payments continuing annually 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.