Dupont Settlement Signals Upstream Accountability in PFAS Litigation
KEY TAKEAWAYS
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In Baker et al. v. E.I. Dupont de Nemours and Co., the Northern District of New York approved a $27 million settlement resolving PFAS contamination claims just days before trial
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The case highlights the growing legal exposure for companies involved in the manufacture or distribution of PFAS-containing products, specifically for its recognition of upstream liability in PFAS contamination
In July 2025, just days before trial, plaintiffs in Baker et al. v. E.I. Dupont de Nemours and Co. reached a $27 million settlement with Dupont, resolving claims related to the contamination of drinking water in Hoosick Falls, New York, with perfluorooctanoic acid (PFOA), a type of PFAS. The case, originally filed in 2016, consolidated multiple lawsuits brought by residents who alleged health risks and property damage due to decades of PFOA discharges from local manufacturing facilities.
The plaintiffs previously secured a $65 million settlement in 2022 with Saint-Gobain, Honeywell, and 3M, which included medical monitoring for individuals with elevated PFOA levels. Dupont, which was not part of that agreement, objected to the settlement but was overruled by the court. The July 2025 settlement with Dupont concludes nearly a decade of litigation.
This outcome signals a critical shift in PFAS litigation: upstream suppliers and chemical manufacturers are increasingly becoming targets for alleged downstream contamination and health effects.
Plaintiffs alleged that Dupont and 3M supplied PFOA-containing materials used by local manufacturers, making them responsible for downstream environmental harm. The court’s willingness to allow claims against suppliers to proceed – and the eventual settlement – underscores a broader trend in PFAS litigation toward holding chemical manufacturers accountable, even when they are not the direct polluters.
Companies involved in the production, sale, or use of PFAS-containing substances should prepare for increased scrutiny and potential liability. Future litigation is expected to focus on long-term health effects, property value loss, and the costs of environmental remediation and medical monitoring.
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