Authored by Ken Sansone, Senior Partner, SL Environmental Law Group & Kyla Tengdin, Marketing Manager, Education & Outreach, SL Environmental Law Group
Note: This article provides an update to the settlement deadlines stated in a previous article published on Nov. 10, 2025, due to changes made to the official deadline schedule after publishing.
Municipalities nationwide have been rushing to complete PFAS (per- and polyfluoroalkyl substances, also known as “forever chemicals”) testing, gather comprehensive data and prepare claims for Phase 2 of the 3M and DuPont PFAS drinking water settlements ahead of impending deadlines. With billions of dollars still left to be distributed to eligible local governments that manage drinking water, local leaders should be aware of all applicable due dates to avoid missing opportunities to secure funding.
A recent extension of the testing claims deadline (PDF) means that it is not too late for eligible municipalities to seek funding through all available settlement claims — if they act quickly. Additionally, the judge overseeing the settlement proceedings has approved an adjustment of the action fund deadlines (PDF), streamlining the claims submission process for participants.
Who is Eligible for Phase 2 of the PFAS Drinking Water Settlements?
Due to the magnitude of the 3M and DuPont settlements, eligible participants were divided into two groups (or phases) to facilitate the claims submission and payment distribution process. Water agencies that detected PFAS in drinking water before the end of June 2023 were assigned to Phase 1 of the settlements. Drinking water agencies that didn’t detect PFAS until after that date (and, for the 3M settlement, also serve more than 3,300 people) are eligible for Phase 2.
Upcoming Phase 2 PFAS Drinking Water Settlement Deadlines
Some of the previously established deadlines for Phase 2 of the 3M and DuPont drinking water settlements have recently been updated. As a result, there are now three crucial deadlines for eligible municipalities:
- Phase 2 Testing Claims (3M & DuPont) Deadline: March 31, 2026 – This deadline applies if a municipality is seeking reimbursement for eligible PFAS testing costs.
- Phase 2 Action Fund Claims (3M & DuPont) Deadline: July 31, 2026 – This is the primary claims submission deadline date by which all required documentation must be submitted.
- Phase 2 Special Needs Fund Claims (3M and DuPont) Deadline: August 1, 2026 – Municipalities that have incurred or are planning to incur costs to manage PFAS before Aug. 1 can file a claim seeking to recover some of those unexpected costs. The Special Needs Fund can provide additional funding above and beyond primary “Action Fund” claims.
What to Do Now
Municipalities eligible for Phase 2 of the settlements must now submit their claims by the deadlines listed above, or they will not receive settlement funds and will have forfeited their right to file future lawsuits against 3M and DuPont over PFAS drinking water contamination. The work behind a complete settlement claim often takes longer than expected, especially when teams are juggling competing priorities. Preparing claims submissions typically involves:
- Confirming testing methods and what data will be accepted
- Pulling documentation tied to sources and records
- Coordinating internally and across departments — including but not limited to municipal water utility departments, legal, finance and city council — or with outside consultants.
By starting the process ahead of the applicable deadlines, local leaders can help their municipalities seek the funds to which they may be entitled.
Preparing for PFAS Drinking Water Regulations
In 2024, the U.S. Environmental Protection Agency (EPA) finalized federal Maximum Contaminant Levels (MCLs) for six different PFAS compounds in drinking water. The Trump administration has since requested to vacate the rules for four of these compounds, affirming its intention to maintain the MCLs for PFOA and PFOS. In January 2026, a federal appeals court rejected the administration’s vacatur request.
While legal challenges to the PFAS MCLs are still pending, communities should continue to work toward compliance with these regulations, utilizing currently available funding from the State Revolving Funds and other programs. NLC developed resources for communities to support compliance.
Visit the NLC Strategic Partnerships page to learn more about the organizations like SL Environmental Law Group dedicated to making NLC the premier resource for local governments.
Upcoming Webinar
To help answer the many questions municipal leaders have been asking about the PFAS drinking water settlements and other opportunities to seek funding through legal action against PFAS manufacturers, SL Environmental Law Group will host a live webinar for NLC members on Feb. 25.
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