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Oakland City Council
December 19, 2023

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December 19, 2023
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3321034
1 APPROVED AS TO FORM AND LEGALITY

_____________________________
CITY ATTORNEY’S OFFICE

OAKLAND CITY COUNCIL

RESOLUTION NO. ______________ C.M.S.

RESOLUTION AUTHORIZING AND DIRECTING THE CITY

ATTORNEY TO SUBMIT REQUESTS FOR EXCLUSION FROM
SETTLEMENTS REACHED BETWEEN 3M COMPANY ( “3M”) AND E.I.

DU PONT DE NEMOURS AND COMPANY, ET AL. ( “DUPONT”) AND A CLASS OF “PUBLIC WATER PROVIDERS” FOR ACTIONS RELATING

TO PER- AND POLYFLUOROALKYL CONTAMINATION
WHEREAS, Per- and Polyfluoroalkyl substances (“PFAS”) are a group of chemicals used to make coatings that make products resist heat, oil, stains, grease, and water; and WHEREAS, PFAS coatings can be used on numerous consumer products includ ing clothing, furniture, adhesives, food packaging, and heat-resistant non-stick pans; and

WHEREAS, PFAS and related compounds do not break down in the environmen t, can move through soils and contaminate water sources, and build up in fish and wildlife; and

WHEREAS, people are exposed to PFAS through using PFAS-covered products or consuming PFAS-contaminated water or food, and may experience s erious health effects from that contamination; and

WHEREAS, on July 6, 2023 a class action complaint was filed against DuP ont and on July 12, 2023, a class action complaint was filed against 3M, t he major manufacturers of PFAS chemicals, by a class of public water systems; and

WHEREAS, the complaints allege that 3M and DuPont knew about the harmfu l nature of these chemicals, yet continued to manufacture and market them; and

WHEREAS, 3M and DuPont, and the class of “Public Water Providers” have reached a class action settlement; and
WHEREAS, opting-out of the settlements will preserve the City of Oakland’s abil ity to file claims against 3M and DuPont in the future for PFAS contamination; now, therefore, be it _____
_______________________________
_
_
CITY ATTORNEY’S OFFICE
2 RESOLVED: That the City Attorney is authorized and directed to submit R equests for Exclusion from the settlements in the Aqueous Film-Forming Foam Products Liability Litigation (MDL 2873); and be it

FURTHER RESOLVED: That the City Attorney is authorized and directed to take whatever steps may be necessary to effect said Requests for Exclusion.

IN COUNCIL, OAKLAND, CALIFORNIA,

PASSED BY THE FOLLOWING VOTE:

AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND

PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –

A T T E S T :

ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California

3321034v1

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