$1B DuPont, Chemours, Corteva PFAS drinking water settlement receives first approval

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Update:

• A federal court in South Carolina preliminarily approved a $1.2 billion settlement between DuPont, Chemours, Corteva and over 300 drinking water suppliers over the release of “forever chemicals” into drinking water.
• The settlement relates to aqueous film-forming foams and PFAS that went into drinking water supplies nationwide.
• The court said it will most likely certify the class for the judgment and award the settlement.
• The court will need to determine the settlement is fair, reasonable and adequate to grant final approval of the settlement terms.

DuPont settlement overview: 

• Who: DuPont, Chemours and Corteva agreed to a $1.2 billion settlement.
• Why: The multi-district litigation, composed of the cases of 300 drinking water providers, claim the defendants released per- and polyfluoroalkyl substances into the environment.
• Where: The MDL took cases across the country and consolidated them in South Carolina.

(June 9, 2023)

Attorneys representing over 300 drinking water providers alleging that DuPont, Chemours and Corteva released forever chemicals into the environment announced the three companies have settled their cases for $1.2 billion.

Public water systems across the country that find per- and polyfluoroalkyl substances (PFAS) in their drinking water supplies are eligible for the settlement funds. DuPont, Chemours and Corteva sold PFAS-containing products and knew that those products would contaminate the environment and lead to human health issues, such as cancer, according to the forever chemicals settlement.

PFAS are man-made chemicals used in the creation of many nonstick, stain resistant and waterproof products. They are also used in aqueous film-forming foam (AFFF), a firefighting agent that is used in fires for Class B fuels at airports, military bases and fire training centers.

“This is only the first of many dominoes to fall in our unwavering quest to hold accountable those companies who have contributed to one of the worst environmental disasters in the history of mankind,” said Gary Douglas of Michael and London.

The DuPont settlement does not include all of the defendants in the multidistrict litgation. All cases will continue against the non-settling manufacturers, including 3M Co. (the primary manufacturer of AFFF), Tyco Fire Products LP and Chemguard Inc., according to law firm Baron & Budd. The settlement still must be finalized and approved by a judge.

$1.2B DuPont settlement will be uses to pay water systems, costs of testing 

The $1.185 billion forever chemicals settlement which will pay public water systems that have already detected PFAS in their water and assist in the costs of testing for others before providing funds.

DuPont Co., Corteva and the Chemours Co. agreed to a $50 million settlement in 2021 to settle claims that the companies used toxic chemicals and released them in Delaware, including into waterways.

Do you believe your community’s water has been contaminated by forever chemicals? Let us know in the comments.

The plaintiffs in the multidistrict litigation are represented by  Michael A. London of Douglas & London PC, Scott Summy of Baron Budd and Paul J. Napoli of Napoli Shkolnik.

The PFAS mulitdistrict litigation is case No. 2:18-mn-02873 in U.S. District Court for the District of South Carolina.

Read About More Class Action Lawsuits & Class Action Settlements:

• EPA orders Chemours to address PFAS pollution
• P&G seeks dismissal of Tampax PFAS class action, claiming not enough proof
• Consumers file class action lawsuits over PFAS in products; EPA focuses on water, landfills
• POM class action alleges Wonderful 100% Pomegranate Juice falsely advertised as ‘all natural’