Chemical and agriculture companies Chemours, DuPont and Corteva said Aug. 4 they have reached an agreement with the state of New Jersey over environmental claims at four New Jersey sites that include PFAS chemicals and other state directives. Under the settlement, the companies will pay a total of $875 million over a 25-year period.
Lawsuits accusing chemical companies of polluting U.S. drinking water with toxic PFAS chemicals led to more than $11 billion in settlements in 2023, according to Reuters. Experts predict that new federal regulations and a greater understanding of the scope of PFAS contamination in the U.S. will lead to more litigation and settlements.
PFAS stands for per- and polyfluoroalkyl substances, a group of about 15,000 synthetic compounds that can last nearly “forever” in the environment, and for years in the human body. These cancer-linked compounds can be found in household items such as nonstick pans, waterproof apparel, cosmetics and stain-resistant fabric, as well as in some firefighting foams. PFAs were discovered in the 1930s.
Of the total settlement amount for Chemours, DuPont and Corteva, $16.5 million is attributed to alleged PFAS contamination unrelated to the companies’ operating sites.
The pre-tax total present value of the settlement payments is about $500 million, of which 50% will be paid by Chemours, 35.5% by DuPont and the remainder by Corteva, the companies said.
The settlement will resolve all legacy contamination claims pertaining to the companies’ current and former operating sites at Chambers Works, Parlin, Pompton Lakes, and Repauno and claims of statewide PFAS contamination unrelated to those sites, including from the use of aqueous film forming foam.
Settlement payments will begin within 30 days of the judicial consent order entry date, which will be no earlier than Jan. 1, 2026.
The settlement also establishes a process for determining the amount of the remediation funding source at the four current and former operating sites and the initial range for each, as well as other procedures to secure future remediation at the sites.
In May, chemical maker 3M agreed to pay the state of New Jersey up to $450 million over the next 25 years to settle claims regarding contamination from PFAS, or “forever chemicals.” At the time, State Attorney General Matthew Platkin and New Jersey Department of Environmental Protection Commissioner Shawn LaTourette called it “the largest statewide PFAS settlement in New Jersey history.”
By agreeing to the terms in the settlement, 3M would not go to trial in the Chambers Works case, the attorney general’s office said. The remaining defendants were Delaware-based E.I. DuPont de Nemours and Co. (now known as EIDP Inc.); The Chemours Company and The Chemours Company, both of which DuPont spun off in 2015; DuPont Specialty Products USA; Corteva Inc.; and DuPont de Nemours Inc. Those remaining defendants were not parties to the settlement in May, and they settled on Aug. 4.
The terms of the settlement are set forth in a proposed judicial consent order, which is subject to notice and comment pursuant to New Jersey law, as well as final court approval.
