CITY OF OAKLAND
ONE FRANK H. OGAWA PLAZA x 6 TH FLOOR x OAKLAND, CALIFORNIA 94612 Office of the City Attorney
Barbara Parker
City Attorney
FAX:
TDD:
(510) 238-3601
(510) 238-6500
(510) 839-6451
December 19, 2023
HONORABLE CITY COUNCIL
Oakland, California
Subject: In Re: Aqueous Film-Forming Foams Products Liability L itigation United States District Court No. MDL No. 2:18-mn-2873-RGM District of South Carolina Charleston Division
City Attorney File No. CE05478
President Fortunato Bas and Members of the City Council:
Pursuant to Section 401 of the Charter, the City Attorney has p repared and requests your approval of a resolution authorizing the City Attorney to submi t Requests for Exclusion from the class action settlements in the above-entitled litigation.
Per- and Polyfluoroalkyl substances (“PFAS”) are a group of chemical s use d to make coatings that make products resist heat, oil, stains, grease, a nd water. People are exposed to PFAS through using PFAS-covered products or consuming PFAS-cont aminated water or food.
The health effects of PFAS contamination are still being studie d, but some laboratory studies of animals indicate that PFAS may affect growth and development, r eproduction, thyroid function, the immune system, and the liver.
A class of “Public Water Providers” filed class actions against the major manufacturers of PFAS chemicals, 3M Company (“3M”) and E.I. Du Pont De Nemours and Company (“DuPont”). The class members have reached a settlement with those defend ants to pay for the remediation of drinking water systems. Payouts from the settle ment are calculated based on a formula that takes into account how much contamination has been found in the class member’s drinking water.
The City of Oakland is investigating whether there is PFAS con tamination in its soil, ground water, or any drinking water it provides. In order to pr eserve its future claims against 3M and DuPont, the City Attorney will submit Requests for Exclusio n from the settlements in the above-entitled litigation.
President Fortunato Bas and Members of the City Council December 19, 2023
Re: In Re: Aqueous Film-Forming Foams Products Liability Litigation
The Council authorized the submission of Requests for Exclusion in these class actions in Closed Session on Thursday, December 7, 2023 (moved by Councilm ember Noel Gallo and seconded by Council President Nikki Fortunato Bas - 5 Ayes, 3 A bsent – Councilmembers Carroll Fife, Dan Kalb and Rebecca Kaplan).
Respectfully submitted,
BARBARA J. PARKER
City Attorney
Assigned Attorney:
Divya Musinipally
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BARBARA J PARKER