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Three chemical companies have agreed to collectively pay $50 million to settle claims they used toxic substances in Delaware that then got released throughout the state, including its waterways.
The Delaware Department of Justice announced the settlement with DuPont Co., Corteva, and the Chemours Co. on Tuesday in a press release.
The deal seeks to address the harm caused by the chemical companies’ past use of per- and polyfluoroalkyl substances (PFAS) and perfluorooctanoic acid (PFOA), which are now commonly known as “forever chemicals.”
These “forever chemicals” have been associated with health issues such as kidney and testicular cancer, thyroid disease, liver damage, developmental toxicity, ulcerative colitis, high cholesterol, pregnancy-induced preeclampsia and hypertension, and immune dysfunction.
They were once used to produce a number of household items with non-stick properties, like Teflon pan and water-repellent clothing, cosmetics, fire-fighting foam, and even dental floss.
The State of Delaware had alleged that the companies’ previous manufacture, use, and disposal of these chemicals and compounds had contributed to their presence within the State, causing environmental damage.
In exchange for the $50 million payment, the state agrees not to sue the companies for any release of PFAS into the Delaware Bay and the Delaware River, nor for failure to warn others of human health or environmental hazards associated with PFAS prior to the signing of the deal.
DuPont and Corteva have each agreed to pay $12.5 million and Chemours will pay $25 million. If the companies resolve similar claims in other states within the next eight years for more than $50 million, they will pay Delaware another $25 million, the agreement says.
The state plans to use the money — the largest environmental settlement the state has ever received — to fund the Natural Resources and Sustainability Trust.
The trust will work to restore the environment, including doing environmental research regarding the impact of the “forever chemicals” and the like.
Delaware Attorney General Kathy Jennings said the settlement was “being delivered on a timeline that matches the urgency of this moment.”
“We all need to work collaboratively, fervently, and quickly to restore our natural resources and support our most vulnerable communities. Today’s agreement moves us miles ahead in that work.”
“The real work still lies ahead, but I am grateful that everyone came to the table to chart a constructive path forward for Delaware, and I commit that our office will keep working to ensure justice – including environmental justice – for everyone in this state,” she said in a statement.
Earlier in the year, the three companies announced they had committed $4 billion to cover liabilities for their past use of toxic “forever chemicals.”
The companies also agreed to pay $83 million to settle a related multidistrict litigation in Ohio. Earlier this week, the U.S. Department of Energy was also looped into an issue of allegedly mislabeled radioactive waste in the state of Nevada.
What do you think of this settlement? Let us know in the comments!
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