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Michigan announces first settlement of 2020 PFAS litigation

Courtesy of the North Carolina National Guard

The State of Michigan has reached a settlement in a PFAS lawsuit against Japanese plastics company Asahi Kasei for pollution in Livingston County.

PFAS are a group of chemicals known for the long time they take to break down. Some kinds have been linked to certain cancers.

Under the agreement, Asahi Kasei will have to pay for the full cost of cleanup, the state’s legal fees, and an investigation to see how widespread the contamination is.

Michigan Assistant Attorney General Polly Synk says she’s not sure how long it will take the state Department of Environment, Great Lakes, and Energy or “EGLE” to resolve the issue.

"This is an area where EGLE knows the groundwater, they know the depth of groundwater, they know the flow, so there’s a lot known," Synk said. "But once you find it, these are forever chemicals so sometimes treatment can take a long time, even when once you have a handle on the situation."

Synk estimates it probably will take longer than a couple months, but she doesn’t anticipate it stretching “endless years.”

Michigan Attorney General Dana Nessel says she hopes this settlement will lead companies to follow suit.

“It’s a really simple policy," Nessel said. "You made the mess, you clean it up. The end. That’s what we’re looking for.”

The state’s lawsuits against other companies like 3M and Dupont were moved to multi-district litigation in federal court.

Two more cases are still pending in state court.