Item 3. Legal Proceedings
ITEM 3. LEGAL PROCEEDINGS.
In September 2021, the NJDEP issued a Notice to
Middlesex based on self-reporting by Middlesex that the level of PFOA in water treated at its Park Avenue Plant in New Jersey exceeded
a recently promulgated NJDEP standard effective in 2021. Neither the NJDEP nor Middlesex characterized this exceedance as an acute health
emergency. However, Middlesex was required to notify its affected customers and the Company complied in due course. Water
currently being delivered to customers is in compliance with all USEPA and NJDEP drinking water standards, including the newly established
water quality standard for PFOA.
In 2021, the Company was served with two PFOA-related
class action lawsuits seeking restitution for medical, water filter replacement and other claimed related costs. These lawsuits are in
the early stages of the legal process and their ultimate resolution cannot be predicted at this time. The following summarizes the legal
complaints brought against Middlesex related to this matter:
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Vera et al. v. Middlesex Water Company -
On October 29, 2021, a complaint was filed in the Superior Court of New Jersey, Middlesex County seeking restitution, equitable and injunctive
relief for the costs of (1) seeking medical advice; (2) installing home water filters; (3) purchasing bottled water; and (4) court-supervised
medical monitoring/testing going forward. On November 19, 2021, a first amended complaint was filed together with motions for Class Certification
and Injunctive Relief. On December 17, 2021, the parties entered into a Stipulation where it was agreed that Plaintiff’s motion
for injunctive relief would be withdrawn. On February 16, 2022, Middlesex filed a Motion To Dismiss Plaintiffs’ complaint for: (1)
failure to include an indispensable party, 3M, whom Middlesex claims is the source of the PFOA in the Company’s wells; and (2) failure
to state legally cognizable claims in support of all of the counts set forth in the complaint. Plaintiff’s motion for Class Certification
and further discovery was postponed pending the outcome of Middlesex’s Motion To Dismiss. On April 21, 2022, the Judge granted Vera’s
Motion for Class Certification and granted in part and denied in part Middlesex’s Motion to Dismiss. On May 4, 2022, the Company
impleaded 3M as a third-party defendant in this lawsuit. On July 6, 2022, the Company filed a Motion to Remove this case from New
Jersey Superior Court to the United States District Court for the District of New Jersey. Vera challenged Middlesex’s Motion
To Remove at the United States District Court for the District of New Jersey in an attempt to remand the case back to the Superior Court
of New Jersey. On March 21, 2023, the United States District Court for the District of New Jersey issued an order remanding the case back
to the Superior Court of New Jersey. Discovery is underway in this matter. On August 29, 2023, the Company executed a settlement agreement
with 3M to resolve a lawsuit related to perfluoroalkyl substances in which Middlesex and 3M agreed to enter into joint mediation to resolve
this and another PFOA-related class action lawsuit against Middlesex and 3M seeking restitution for medical, water replacement and other
claimed related costs. A mediation session among the parties was held on November 17, 2023. The Superior Court of New Jersey has set a
deadline of February 29, 2024 for the parties to submit a final settlement agreement with the Court should the parties be able to reach
a settlement.
Lonsk et al. v. Middlesex Water Company
and 3M Company - On November 9, 2021, a complaint was filed in the United States District Court, District of New Jersey
seeking Class Certification and restitution, equitable and injunctive relief for the costs of (1) seeking medical advice; (2) installing
home water filters; (3) purchasing bottled water; and (4) all other claimed related costs. On December 23, 2021, the parties agreed to
postpone the filing date of Middlesex’s and 3M’s answers to the complaint to January 14, 2022 at the earliest. This filing
date was subsequently further postponed to March 1, 2022. On March 4, 2022, Middlesex filed a Motion to Dismiss Plaintiffs’ complaint.
On April 15, 2022, Plaintiffs filed an Amended Complaint. On July 7, 2022, this case was reassigned to a new trial judge at the United
States District Court for the District of New Jersey. On October 31, 2022, the trial judge in this matter dismissed Middlesex’s
and 3M’s motions to dismiss the Plaintiffs’ complaint and Middlesex and 3M filed answers to Plaintiffs’ amended complaint
on November 21, 2022. On August 29, 2023 the Company executed a settlement agreement with 3M to resolve a lawsuit related to perfluoroalkyl
substances in which Middlesex and 3M agreed to enter into a joint mediation, scheduled for November 2023, to resolve this and another
PFOA-related class action lawsuit against Middlesex and 3M seeking restitution for medical, water replacement and other claimed related
costs. Discovery in this case is currently underway and continues. A mediation session among the parties was held on November 17, 2023.
The Superior Court of New jersey has set a deadline of March 4, 2024 for the parties to submit a final settlement agreement with the Court
should the parties be able to reach a settlement.
For further discussion of the 3M settlement and
the case above, see Item 7 - Management’s Discussion and Analysis of Financial Condition and Results of Operations, Regulatory
Notice of Non-Compliance.
The Company is a defendant in other lawsuits in
the normal course of business. We believe the resolution of these pending claims and legal proceedings will not have a material adverse
effect on the Company’s consolidated financial statements.
ITEM 4. MINE SAFETY DISCLOSURES.
Not applicable.
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PART II