KEY TAKEAWAYS

• Dupont, Chemours and Corteva chemical companies have reached a deal with water companies nationwide worth more than $1.1 billion.

• The agreement aims to settle drinking-water claims related to per- and polyfluoroalkyl substances.

• Further details expected in coming days.

Chemical companies DuPont, Chemours, and Corteva have struck a deal worth more than $1.1 billion with water companies around the United States to settle all drinking-water claims related to per- and polyfluoroalkyl substances.

While these three companies still deny the allegations in the underlying litigation, they will, nevertheless, establish a settlement fund with Chemours contributing $592 million, DuPont adding $400 million, and Corteva contributing $193 million. The agreement is expected to be finalized in the second quarter of 2023, and will be subject to approval by Judge Richard Gergel in the United States District Court for the District of South Carolina.

As part of the approval process, the court will establish a timetable for notice to class members, hearings on approval, and for class members to opt out of the settlement.

While there are many more details to be finalized, and there are certain water systems excluded from the settlement class, the implications of this resolution are broad-ranging. Our Environmental Law Monitor team will tackle all the related issues in the coming days. Stay tuned.

If you have questions about how this impacts your business, please contact:

• John F. Parker
• George H. Buermann
• Or another member of our Environmental Law team