[Breaking News] Chemours, DuPont, and Corteva Agree to $875 Million Settlement with New Jersey over PFAS 'Forever Chemicals' Claims!

August 4 — Chemours, DuPont, and Corteva announced Monday that they have agreed to pay $875 million to the State of New Jersey over 25 years to resolve environmental claims—including those related to PFAS, or 'forever chemicals.' ・ Resolves all environmental claims—including PFAS-related claims—associated with four current and former operating sites (Chambers Works, Parlin, Pompton Lakes, and Repauno), as well as all statewide PFAS claims—including those arising from the use of aqueous film-forming foam ('AFFF'). ・ The settlement amount will be paid over 25 years; its pre-tax net present value is approximately $500 million, shared among the parties pursuant to existing cost-allocation arrangements. ・ Remediation of current and former operating sites will continue in accordance with existing legal requirements. ・ DuPont and Corteva will acquire, for $150 million, certain insurance proceeds held by Chemours relating to PFAS claims. Chemours, DuPont, and Corteva today announced a comprehensive settlement resolving all pending environmental and other claims brought by the State of New Jersey against the companies in various litigation matters and other state directives. The settlement resolves all legacy contamination claims associated with the companies’ current and former operating facilities (Chambers Works, Parlin, Pompton Lakes, and Repauno), as well as statewide PFAS contamination claims unrelated to those facilities—including contamination arising from the use of aqueous film-forming foam (AFFF). The total settlement amount is $875 million, payable over 25 years, beginning 30 days after the effective date of the Judicial Consent Order ('JCO'), which shall not be earlier than January 1, 2026. Of the total settlement amount, $16.5 million is allocated to alleged PFAS contamination unrelated to the companies’ operating facilities—including $4.125 million attributable to AFFF (aqueous foam). Using the discount rate for prepaid settlement amounts specified in the JCO, the pre-tax present value of the total settlement is approximately $500 million. Pursuant to the Memorandum of Understanding ('MOU') signed by the parties in January 2021, Chemours will bear 50% of the settlement amount—or approximately $250 million on a present-value basis—DuPont will bear 35.5%, or approximately $177 million on a present-value basis, and Corteva will bear the remaining 14.5%, or approximately $72 million on a present-value basis. The settlement agreement also establishes a process to determine the amounts and initial scopes of funding sources ('RFS') for remediation at the four current and former operating sites, as well as other mechanisms to ensure future site remediation.

[Trend] Multiple U.S. Cities and States Sue Chemical Companies over PFAS 'Forever Chemicals' Pollution

A county in northwestern Georgia has filed suit against chemical manufacturers 3M, EIDP, and Daikin America, as well as carpet manufacturer Mohawk Industries, alleging that they contaminated a local landfill with PFAS-containing waste. The lawsuit alleges that Chattooga County further accuses these companies of negligence in handling contaminated waste and of failing to warn residents about the hazards posed by 'forever chemicals.' The county is seeking economic compensation including punitive damages, attorneys’ fees and costs, past and future damages, and out-of-pocket expenses. According to Chattooga County’s court filing, Georgia-based Mohawk—and its subsidiaries—used branded products containing chemicals such as Stainmaster, 3M’s Scotchgard, and Teflon to coat carpets during production. EIDP formerly produced Teflon under the name EI DuPont de Nemours and Co., and was spun off in 2015 into three separate companies. Chemours Co. now manufactures branded products containing PFAS. The county states that Mohawk boiled carpets to apply PFAS and other chemicals—enhancing stain resistance. Allegedly, after completing the boiling process, the company disposed of permanent-chemical waste at one of the Chattooga County landfills located near Mohawk’s manufacturing facilities. According to the complaint, the landfill operated between 1979 and 2004 and is now 'soaked in chemicals.' Chattooga County’s landfill collects rainwater, which percolates through decomposing waste to form leachate—a liquid pollutant—that is then discharged to a wastewater treatment plant in Chattanooga, Tennessee. The lawsuit states that, as of October 15, 2024, various PFAS concentrations in the county’s drinking water significantly exceed U.S. Environmental Protection Agency (EPA) limits. The EPA’s PFAS limit ranges from 4 to 10 parts per trillion (ppt), whereas PFAS levels in the county’s landfill leachate reached up to 445 times that limit. Chattanooga city officials now require Chattooga County to test its leachate for PFAS and have indicated—according to county court documents—that the city is prepared to reject the contaminated liquid due to 'forever chemical' pollution. Chattooga County District Attorney Chad Young stated in a press release: 'Our community has long enjoyed a mutually beneficial relationship with carpet manufacturers in North Georgia, and we hope we can reach a timely resolution to protect our health, property, water, soil, and air. We expect those who polluted our landfill with PFAS to pay for cleanup.' Chattooga County is not the only Georgia county suing chemical and carpet companies. According to a press release dated January 23, Gordon County has also filed a similar lawsuit. Both Gordon County and Chattooga County are served by the same wastewater treatment plant in Chattanooga. In a related lawsuit, Mohawk filed suit in Georgia state court in November against 3M, EIDP, Chemours, and Daikin America.

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