# Cottage Grove plant *3M plant in Cottage Grove, Minnesota, named in trial exhibits in* State of Minnesota v. 3M Company. The **Cottage Grove plant** is a 3M Company plant in [[Cottage Grove]], [[Minnesota]]. It enters the public record through 3M's own document *Off-Site Waste Disposal Locations — 3M Cottage Grove*, introduced as State's trial exhibit PTX1872. That exhibit lists the [[Washington County Landfill]], with its owner given as "Washington County," and earlier disposal locations in [[Oakdale]] and [[Woodbury]] as destinations for the plant's waste.[^1] The landfill was one of four sites named in the State's suit against 3M over PFOA, PFOS, PFBA and PFBS. The case was filed in [[Hennepin County District Court]] as No. 27-CV-10-28862.[^2] 3M's internal chronology *Fluorochemicals in Blood* records that on June 29, 1976, workers showed organically bound fluorine in their blood at levels up to 1,000 times normal, persisting "for an indefinite period."[^3] The project's at-issue record identifies those workers as employees of the Cottage Grove plant. The findings were presented to 3M's [[Corporate Responsibility Committee]] in October 1977.[^4] The State's complaint states that 3M's PFOS production in Minnesota ceased in late 2002.[^2] On the day the case settled in 2018, 3M's John Banovetz said: "we have never believed there is a PFC-related health problem."[^5] The State settled on February 20, 2018, the day jury selection began, for $850 million.[^5] The *Settlement Agreement and Order* states that it is "no admission by either Party of fault, responsibility, wrongdoing, or liability." It releases "any and all claims or causes of action known or unknown" against 3M relating to perfluorochemicals.[^6] According to the Minnesota bar journal, the settlement covered only natural resource damages. The Attorney General concluded that her office lacked jurisdiction to pursue personal injury claims.[^7] ## Who - **3M** owned and operated the plant. Its internal records were produced as State's trial exhibits. They include an October 19, 1977 memorandum from L.C. Krogh to J.D. La Zerte, *Presentation to Corporate Responsibility Committee on Progress – Fluorochemicals in Blood*.[^4] - **Washington and Ramsey Counties** operated the landfill that received the plant's waste. According to MPCA's Closed Landfill Program record (exhibit PTX2752), the landfill "was under public ownership when in operation."[^8] 3M's own ledger lists the owner as Washington County.[^1] - **The plaintiffs** were the State of Minnesota by Attorney General [[Lori Swanson]], the MPCA Commissioner, and the DNR Commissioner. No county appears on the face of the complaint or the settlement agreement.[^2][^6][^9] - **The presiding judge** was [[Judge Kevin S. Burke]].[^5] The settlement designates him "Consensual Special Magistrate" upon his retirement.[^6] ## What - The chronology (exhibit PTX1144) covers entries from August 22, 1975 to August 3, 1977. It records the following findings: - a spectrum matched to PFOS on November 6, 1975; - lab personnel at "10 to 100 times 'normal'" in April 1976; - "Chemolite workers" at up to 1,000 times normal on June 29, 1976; - identification of the compound in human blood on August 26, 1976.[^3] - The complaint pleads six counts: MERLA, the Minnesota Water Pollution Control Act, trespass, common-law nuisance, statutory nuisance, and negligence. It brings the State's claims as trustee under Minn. Stat. § 115B.04.[^2] - The State's exhibit index lists about 280 internal 3M documents dating from 1948 to 1983.[^10] ## When - **May 12, 1969:** The Washington County Landfill was permitted.[^8] - **1971–1974:** The federal [[ATSDR]] public health assessment places 3M's disposal at the landfill in these years.[^11] - **April 24, 1974:** 3M issued a "Landfill Dry Scrap Project" memo (PTX1105).[^12] - **April 25, 1974:** 3M recorded a *Log of 3M trucks dumping waste at Washington County Landfill* (PTX1107).[^13] - **May 1, 1975:** The landfill ceased operation.[^8] - **August 22, 1975 – August 3, 1977:** The chronology's entries run across these dates, including the June 29, 1976 worker finding.[^3] - **October 19, 1977:** 3M presented the findings to its Corporate Responsibility Committee.[^4] - **1981:** MPCA began pumping and spray-aerating contaminated groundwater at the landfill, according to the *Minnesota Reformer*.[^14] - **October 24, 1984:** A Response Order by Consent was entered with MPCA.[^8] - **January 16, 1992:** EPA issued a CERCLA § 106(a) Administrative Order, amended February 17, 1993.[^8] - **January 8, 1996:** A Notice of Compliance was issued.[^8] - **March 15, 1996:** The EPA order was terminated.[^8] - **2000:** 3M announced a plan to stop PFOS production, according to the complaint.[^2] - **Late 2002:** Minnesota PFOS production ceased, according to the complaint.[^2] - **December 2010:** The State filed suit. The complaint was amended in November 2011.[^2][^9] - **February 20, 2018:** The case settled.[^5] ## Where - The ledger lists three destinations for waste from "3M Cottage Grove":[^1] - the Washington County Landfill, also called the "Lake Jane Landfill," receiving "WWTP sludge and boiler ash"; - a location in Oakdale, used 1956–1960; - a location in Woodbury, used 1960–1965. - The landfill lies in [[Lake Elmo]], according to the MPCA record.[^8] - The sources disagree on the years the landfill received the plant's waste: - The MPCA record states that the landfill operated to May 1, 1975.[^8] - The ledger prints its years of use as "Mid 1970s/Early 1990s," which runs past that closure date.[^1] - The ATSDR assessment gives a 1971–1974 disposal window.[^11] - The *Minnesota Reformer* reports the following about MPCA's groundwater treatment at the landfill:[^14] - Spray-aeration from 1981 dispersed PFAS more widely and extended the plume into private wells. - State officials told a Lake Elmo family in 1999 that its water was safe. - PFAS was detected in the family's well in 2006. - The State declined to extend city water, estimated at $247,000, and offered a $2,500 carbon filter instead. ## How much - **Amount sought:** By trial, the State sought $5 billion, according to *Minnesota Lawyer*. Punitive damages were added to the case in November 2017.[^5] - **Settlement terms:**[^6] - 3M pays $850 million as a grant into a "3M Grant for Water Quality and Sustainability Fund." - MPCA and/or DNR are designated to use the funds. - A Working Group advises on spending, "consisting of representatives of the MPCA, the DNR, East Metropolitan Area municipalities, and 3M." - **Allocation:** The *[[Star Tribune]]* reported the final allocation as announced by MPCA Commissioner Peter Tester in August 2021:[^15] - $700 million for drinking water; - $125 million for outside legal counsel, assessments and analysis; - $34 million for expedited projects; - $20 million for natural resource remediation; - $4.8 million reimbursing agency costs. - **Conflicting reimbursement figure:** MPCA's own accounting lists $4.5 million reimbursing 2017 costs, in addition to the $125 million.[^16] - **Official description:** Swanson called the settlement the "third largest natural resource recovery in the country's history."[^15] - **Outside counsel:** The $125 million went to [[Covington]] & Burling. It amounted to about 14% of the recovery, paid under a contingency arrangement reached in 2010.[^17] The firm's role was litigated: - Covington had represented 3M on fluorochemical matters from 1992 to 2006. - The district court disqualified the firm in October 2012.[^18] - On April 30, 2014, the Minnesota Supreme Court (Nos. A12-1856 / A12-1867) held that attorneys have independent standing to appeal disqualification and remanded for a waiver inquiry.[^19] - On remand, on February 5, 2016, Judge John McShane allowed Covington to continue, citing 3M's "extraordinarily long delay" in objecting.[^18] - 3M separately sued the firm in federal court, D. Minn. No. 0:12-cv-01800.[^20] ## How many - **The landfill:** The MPCA record describes it as covering 35 acres and holding approximately 2,570,000 cubic yards of waste.[^8] - **Groundwater:** The Minnesota bar journal reports contamination of "over 100 square miles of groundwater." It describes "four major aquifers that serve as the sole source of drinking water for approximately 125,000 or more Minnesotans."[^7] - **Cancer rates:** The [[Minnesota Department of Health]] released its *Brief Update on Cancer Occurrence in East Metro Communities* in February 2018, days before trial.[^21] It reported: - female breast cancer 7% elevated in Washington County and 12% elevated in Oakdale; - melanoma 13% elevated in Washington County; - chronic lymphocytic leukemia 28% elevated in Washington County; - a 56% childhood-cancer excess for ages 0–19, 1999–2014, in Oakdale, which was one of 12 childhood comparisons. - **The report's own caveat:** The Department stated that its findings "cannot be used to either identify or refute potential adverse health effects from environmental contaminants."[^21] ## In the at-issue record The project's at-issue record AI-Washington-001 pairs 3M's chronology with the company's disposal and production record. It uses exhibit PTX1144 as its primary anchor.[^3] On the documents' own dates, the landfill disposal comes before the chronology. ATSDR places 3M's disposal at the county landfill in 1971–1974,[^11] and the MPCA record closes the landfill on May 1, 1975.[^8] The chronology's entries begin on August 22, 1975.[^3] PFOS production in Minnesota continued until late 2002.[^2] That is about twenty-five years after the October 1977 presentation to the Corporate Responsibility Committee.[^4] The record documents these dates; it does not establish the reasons for the sequence. ## Notes [^1]: 3M, *Off-Site Waste Disposal Locations — 3M Cottage Grove*, State's trial exhibit PTX1872 (undated corporate record produced in litigation) — lists Washington County Landfill / "Lake Jane Landfill," owner "Washington County," "WWTP sludge and boiler ash," years "Mid 1970s/Early 1990s"; Oakdale 1956–1960; Woodbury 1960–1965. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX1872.pdf [^2]: Hennepin County District Court, *State of Minnesota v. 3M Company*, Complaint, No. 27-CV-10-28862 (2010) — six counts; State as trustee under Minn. Stat. § 115B.04; four sites including the Washington County Landfill; PFOA, PFOS, PFBA, PFBS; 2000 PFOS announcement; Minnesota production ceased late 2002. https://www.ag.state.mn.us/Office/Cases/3M/docs/Complaint.pdf [^3]: 3M, *Chronology — Fluorochemicals in Blood*, exhibit PTX1144 (entries Aug. 22, 1975 – Aug. 3, 1977) — Nov. 6, 1975 PFOS spectrum match; April 1976 lab personnel "10 to 100 times 'normal'"; June 29, 1976 Chemolite workers up to 1,000 times normal, persisting "for an indefinite period"; Aug. 26, 1976 identification in human blood. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX1144.pdf [^4]: 3M, L.C. Krogh to J.D. La Zerte, *Presentation to Corporate Responsibility Committee on Progress – Fluorochemicals in Blood*, exhibit PTX1145 (Oct. 19, 1977) — presentation of the findings to the Corporate Responsibility Committee. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX1145.pdf [^5]: Minnesota Lawyer, *3M to pay $850M to settle chemical disposal suit* (Feb. 20, 2018) — jury selection and settlement the same day; Judge Kevin S. Burke; $5 billion sought; punitive damages added Nov. 2017; John Banovetz statement. https://minnlawyer.com/2018/02/20/3m-to-pay-850m-to-settle-chemical-disposal-suit/ [^6]: Hennepin County District Court, *State of Minnesota v. 3M Company*, *Settlement Agreement and Order* (2018) — ¶ 13 $850 million grant to the fund; ¶ 14 MPCA/DNR; ¶ 17 Working Group including 3M; ¶ 18 release; ¶ 25 Judge Burke as Consensual Special Magistrate; no-admission clause. https://www.ag.state.mn.us/Office/Cases/3M/docs/Agreement.pdf [^7]: Bench & Bar of Minnesota, *article on the 3M settlement* (n.d.) — over 100 square miles of groundwater; four aquifers serving approximately 125,000 or more Minnesotans; natural resource damages only; no jurisdiction over personal injury claims. https://mnbars.org/?pg=BenchBarofMinnesota&pubAction=viewIssue&pubIssueID=49569&pubIssueItemID=309286 [^8]: Minnesota Pollution Control Agency, *Closed Landfill Program record, Washington County Landfill*, exhibit PTX2752 (n.d.) — Lake Elmo; permitted May 12, 1969; operated to May 1, 1975; 35 acres; ~2,570,000 cubic yards; public ownership; Washington and Ramsey Counties; 1984 consent order; 1992 EPA order, amended 1993; 1996 compliance and termination. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX2752.pdf [^9]: Minnesota Attorney General's Office, *3M case page* (n.d.) — case documents for *State of Minnesota v. 3M Company*. https://www.ag.state.mn.us/Office/Cases/3M/ [^10]: Minnesota Attorney General's Office, *State's Exhibits* (n.d.) — index of about 280 internal 3M documents, 1948–1983. https://www.ag.state.mn.us/Office/Cases/3M/StatesExhibits.asp [^11]: Agency for Toxic Substances and Disease Registry, *Public Health Assessment, PFCs in Lake Elmo* (Aug. 29, 2008) — 1971–1974 disposal window at the Washington County Landfill. https://www.atsdr.cdc.gov/HAC/pha/PFCsLakeElmo/PFCs_in_Lake_Elmo_PHA_8-29-2008_508.pdf [^12]: 3M, *Landfill Dry Scrap Project* memo, exhibit PTX1105 (Apr. 24, 1974) — companion record to the truck log. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX1105.pdf [^13]: 3M, *Log of 3M trucks dumping waste at Washington County Landfill*, exhibit PTX1107 (Apr. 25, 1974) — contemporaneous disposal record. https://www.ag.state.mn.us/Office/Cases/3M/docs/PTX/PTX1107.pdf [^14]: Minnesota Reformer, *Lake Elmo family has been fighting 17 years for city water after state pushed PFAS into their well* (Oct. 2, 2023) — MPCA spray-aeration from 1981; 1999 assurance; 2006 detection; $247,000 estimate declined; $2,500 filter offered. https://minnesotareformer.com/2023/10/02/lake-elmo-family-has-been-fighting-17-years-for-city-water-after-state-pushed-pfas-into-their-well/ [^15]: Star Tribune, *State finalizes payouts from Minnesota's $850 million "forever chemicals" settlement with 3M* (Aug. 18, 2021) — final allocation; Swanson quotation. https://www.startribune.com/state-finalizes-payouts-from-minnesota-s-850-million-forever-chemicals-settlement-with-3m/600089057 [^16]: Minnesota Pollution Control Agency (Krueger), *MN 3M PFAS Actions* presentation, posted by ASDWA (2019) — $125 million to counsel plus $4.5 million reimbursing 2017 costs. https://www.asdwa.org/wp-content/uploads/2019/06/Krueger-MN-3M-PFAS-Actions.pdf [^17]: Bloomberg Law, *Covington's $125M fee for 3M case "a little steep": lawmaker* (2018) — $125 million, about 14% of the recovery, under a 2010 contingency arrangement. https://news.bloomberglaw.com/environment-and-energy/covingtons-125m-fee-for-3m-case-a-little-steep-lawmaker [^18]: ABA Journal, *Despite conflict, Covington can represent Minnesota in major environmental suit again* (2016) — 1992–2006 representation of 3M; October 2012 disqualification; Feb. 5, 2016 McShane ruling. https://www.abajournal.com/news/article/despite_conflict_covington_can_represent_minnesota_in_major_enviro_suit_aga [^19]: Minnesota Supreme Court, *In re 3M / Covington disqualification*, Nos. A12-1856 / A12-1867 (Apr. 30, 2014) — attorneys' independent standing to appeal; remand for waiver inquiry. https://law.justia.com/cases/minnesota/supreme-court/2014/a12-1856.html [^20]: U.S. District Court for the District of Minnesota, *3M Company v. Covington & Burling LLP*, No. 0:12-cv-01800 (docket) — 3M's separate suit against the firm. https://www.courtlistener.com/docket/7393017/3m-company-v-covington-burling-llp/ [^21]: Minnesota Department of Health, *Brief Update on Cancer Occurrence in East Metro Communities* (Feb. 2018) — cancer-rate comparisons and the Department's caveat. https://www.health.state.mn.us/data/mcrs/docs/rpteastmetro.pdf