# $850 million settlement *Settlement Agreement and Order between the State of Minnesota and 3M Company establishing an $850 million grant fund for water quality.* The **$850 million settlement** is the Settlement Agreement and Order in *State of Minnesota v. 3M Company*. Under it, 3M Company pays an $850 million grant into the "3M Grant for Water Quality and Sustainability Fund," due within fifteen days of the agreement's Effective Date.[^1][^2] The instrument names the parties on the State's side as the State of [[Minnesota]] by its Attorney General, the Commissioner of the Minnesota Pollution Control Agency (MPCA) and the Commissioner of the Department of Natural Resources (DNR).[^1] The agreement assigns the MPCA and/or the DNR to use the funds and sets spending priorities at ¶ 14.A–C. Paragraph 18 contains the release.[^3][^4] The project's at-issue record makes three statements about the settlement. It says the settlement covered natural resource damages only, and that no East Metro resident's health claim was resolved or compensated by the $850 million.[^5] It says Washington County, which owned the landfill, hosts the plant and drinks the water, was not a plaintiff.[^6] It also says $125 million of the sum went to outside counsel.[^7] ## Who The instrument names the State by its Attorney General, the MPCA Commissioner and the DNR Commissioner.[^1] The at-issue record states that the instrument names every party and that no county appears on it. In that account, Washington County was not a plaintiff.[^6] The agreement establishes a [[Working Group]] "consisting of representatives of the MPCA, the DNR, East Metropolitan Area municipalities, and 3M."[^8] Under ¶ 25, Judge Burke is to serve as "Consensual Special Magistrate" upon retirement.[^9] ## How much The grant is $850 million, paid under ¶ 13 into the named fund within fifteen days of the Effective Date.[^2] The at-issue record states that $125 million of that sum, roughly 14 percent, went to outside counsel.[^7] The sources in the pack do not state how that fee was calculated.[^7] The at-issue record states that the settlement covered natural resource damages only. It also states that the Attorney General concluded her office lacked jurisdiction to pursue personal injury claims.[^5] According to the same record, the spending priorities at ¶ 14.A–C contain no channel for personal-injury compensation.[^3][^5] ## How The agreement names the fund for water quality and sustainability. It places spending with the MPCA and/or the DNR under the priorities at ¶ 14.A–C.[^2][^3] The ¶ 17 Working Group joins the two state agencies with East Metropolitan Area municipalities and 3M. The membership quoted from the agreement names no county.[^8] Paragraph 18 sets out the release, and the at-issue record states that the release runs to the State.[^4][^6] ## In the at-issue record - **Parties (AI-Washington-003).** The State recovered $850 million from 3M. The named parties are the State by its Attorney General, the MPCA Commissioner and the DNR Commissioner. Washington County was not a plaintiff, and the release runs to the State.[^6][^1] - **Natural resource damages only (AI-Washington-005).** The at-issue record states that the recovery covered natural resource damages only and that no East Metro resident's health claim was resolved or compensated by it. It also states that the Attorney General concluded her office lacked jurisdiction over personal injury claims.[^5][^3] - **Outside counsel (AI-Washington-012).** The at-issue record states that $125 million went to outside counsel. It says the firm had represented 3M on fluorochemical matters for more than twelve years before switching sides. According to that record, a court disqualified the firm in 2012, and the firm was reinstated in 2016 principally because 3M had waited too long to object.[^7] The record states that the same ruling found the firm "received specific facts" that "go to the core legal issues in the case." It identifies the Minnesota Supreme Court opinion as the primary record of the conflict.[^7][^10] ## Notes [^1]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack) — names the State by its Attorney General, the MPCA Commissioner and the DNR Commissioner as parties. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^2]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack), ¶ 13 — the $850 million grant into the "3M Grant for Water Quality and Sustainability Fund," payable within fifteen days of the Effective Date. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^3]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack), ¶ 14 — designates MPCA and/or DNR to use the funds; spending priorities at ¶ 14.A–C. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^4]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack), ¶ 18 — the release. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^5]: Minnesota wiki at-issue record, *AI-Washington-005* (APEX §VI) — states the settlement covered natural resource damages only, that no East Metro resident's health claim was resolved or compensated, and that the Attorney General concluded her office lacked jurisdiction over personal injury claims; anchored to the agreement's spending priorities. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^6]: Minnesota wiki at-issue record, *AI-Washington-003* (APEX §VI) — states that Washington County was not a plaintiff, that the named parties are the State by its Attorney General and the MPCA and DNR Commissioners, and that the release runs to the State. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^7]: Minnesota wiki at-issue record, *AI-Washington-012* (APEX §VI) — states the $125 million outside-counsel payment, the firm's prior representation of 3M, the 2012 disqualification and the 2016 reinstatement; anchored to the Minnesota Supreme Court opinion. https://law.justia.com/cases/minnesota/supreme-court/2014/a12-1856.html [^8]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack), ¶ 17 — establishes a Working Group "consisting of representatives of the MPCA, the DNR, East Metropolitan Area municipalities, and 3M." https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^9]: Minnesota Attorney General, *State of Minnesota v. 3M Company, Settlement Agreement and Order* (date not stated in the pack), ¶ 25 — designates Judge Burke as "Consensual Special Magistrate" upon retirement. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^10]: Minnesota Supreme Court, *Opinion, No. A12-1856* (2014) — the primary record of the outside-counsel conflict. https://law.justia.com/cases/minnesota/supreme-court/2014/a12-1856.html