DuPont PFAS settlement overview:
- Who: DuPont de Nemours Inc., Chemours and Corteva Inc. reached a settlement with the state of North Carolina.
- Why: The companies agreed to pay $590 million to settle claims they contaminated North Carolina’s environment with per- and polyfluoroalkyl substances (PFAS) chemicals.
- Where: The DuPont lawsuits were settled in North Carolina.
- How to get help: If you or a loved one has developed cancer or another serious health condition after being exposed to PFAS in drinking water, you may qualify to join a PFAS lawsuit investigation.
DuPont, Chemours and Corteva agreed to a $590 million settlement with North Carolina to resolve claims they contaminated the state’s environment with PFAS or “forever chemicals.”
The settlement marks the largest environmental damages recovery in North Carolina’s history, North Carolina Attorney General Jeffrey Jackson said in a statement.
According to Chemours, the settlement resolves contamination claims stemming from the alleged release of PFAS at the Fayetteville Works plant in Bladen County, North Carolina, and from the reported use of aqueous film forming foam found in firefighting foam.
DuPont, Chemours and Corteva agreed to a $455 million settlement fund with the state and 11 local counties, towns and utilities in North Carolina, to be paid out over 15 years, Law360 reports.
Jackson said DuPont and Corteva also committed $135 million to a reserve fund to ensure DuPont’s continued compliance under a 2019 consent order with North Carolina environmental regulators.
DuPont, Chemours, Corteva settle PFAS claims ahead of oral arguments
The settlement resolves an appeal before the North Carolina Supreme Court, where DuPont and Chemours challenged Jackson’s authority to pursue contamination claims against them, according to Law360.
The state Supreme Court had been scheduled to hear oral arguments on the appeal the following week. However, after the parties reached a settlement, the defendants filed a motion asking the court to withdraw and dismiss the appeal.
According to the motion filed on Sept. 9, the settlement resolves both the disputes raised in the Supreme Court appeal and the underlying case pending before the North Carolina Business Court.
The underlying case was filed by the State of North Carolina and involved DuPont, Chemours, Chemours FC, Corteva, DuPont de Nemours and other business entities.
The settlement announcement did not indicate that the companies admitted wrongdoing.
Earlier this year, the County of San Mateo sued 3M Company, DuPont and 17 other companies, alleging they manufactured and sold firefighter gear containing toxic, carcinogenic PFAS.
What do you think of the settlement DuPont, Chemours and Corteva reached with North Carolina? Let us know in the comments.
The State of North Carolina is represented by Nicholas S. Brod, Laura Howard, James W. Doggett, Asher Spiller and Marc Bernstein of the North Carolina Department of Justice.
The DuPont lawsuits are North Carolina ex rel. Jackson v. E.I. du Pont De Nemours & Co., Case No. 2020CVS5612, in the North Carolina Business Court, and North Carolina ex rel. Jeffrey Jackson v. E.I. Du Pont De Nemours and Co., et al., Case No. 436A21-2, in the North Carolina Supreme Court.
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