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ITEM: PFAS LITIGATION - PARTICIPATION IN AMEREX, ARCHROMA U.S., CARRIER GLOBAL CORP., AND NATION FORD CHEMICAL COMPANY SETTLEMENTS
REQUEST: Approval of Resolution No. R2026-52 authorizing the Village of Wellington to participate in the Amerex, Archroma, Carrier, & Nation Ford Settlements.
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EXPLANATION: Additional settlements have been negotiated, and preliminarily approved by the court, with Amerex, Archroma U.S., Carrier Global Corp., and Nation Ford Chemical Company. These settlements are smaller in monetary value relative to the prior settlements with other defendants based on a number of factors, including the fact that none of these four defendants manufactured AFFF. The amount that Wellington will receive is currently not determined, but the distribution of the settlement funds will follow the same allocation model as those which were utilized in the 3M, DuPont, Tyco, and BASF settlements.
Council must decide whether to stay in the settlement class or opt out. The deadline to opt out is December 22, 2026.
Staff and outside counsel recommend that the Village stay in the class and participate in the settlements.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: NO QUASI-JUDICIAL:
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: Wellington will receive additional settlement funds by remaining in the settlement class.
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval of Resolution No. R2026-52 authorizing the Village of Wellington to participate in the Amerex, Archroma, Carrier, & Nation Ford Settlements.