DuPont Agrees to Record-Breaking Settlement to Resolve PFAS Contamination in New Jersey
KEY TAKEAWAYS
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In New Jersey Department of Environmental Protection et al. v. E.I. du Pont de Nemours and Co. et al., DuPont and its affiliates agreed to a record-breaking $2.5 billion settlement to resolve PFAS contamination claims across multiple sites in New Jersey
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This is the largest environmental settlement ever achieved by a single state and includes long-term funding for remediation, drinking water treatment, and natural resource restoration
Following a series of bench trials in federal court, DuPont and its affiliates reached a $2.5 billion settlement with the State of New Jersey to address decades of environmental contamination from PFAS.
In 2019, the state accused DuPont of discharging and subsequently concealing the existence of 1,200 chemicals, contaminants, and other hazardous substances over a period of 125 years. DuPont, in contrast, argued the state exaggerated its liability and the company had been actively attempting to remediate the operational sites for decades.
The settlement resolved four related lawsuits naming several DuPont manufacturing sites, including a significant 2019 case concerning the Chamber Works site in Salem County. Additionally, this agreement resolved the statewide claims associated with aqueous film forming foam.
The agreement, announced by Attorney General Matthew Platkin, is the largest environmental settlement ever achieved by a single U.S. state. It includes funding for cleanup and drinking water treatment at sites in Salem, Passaic, Middlesex, and Gloucester counties. The settlement allocates $875 million for natural resource damages and abatement projects, $1.2 billion for remediation funding, and a $475 million reserve to protect taxpayers should any company fail to meet its obligations.
This settlement follows a separate $450 million deal between the State of New Jersey and 3M, another defendant named in the Chamber Works lawsuit.
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