DuPont de Nemours Inc., Chemours Co. and DuPont spinoff Corteva Inc. said they have agreed to pay $1.185 billion to resolve hundreds of pollution claims filed by cities, towns and local water agencies over “forever chemicals” that allegedly fouled groundwater across the US.
The companies will set up a fund to settle lawsuits claiming that per- and polyfluoroalkyl substances made by DuPont tainted drinking water and subjected consumers to higher rates of cancer, according to a statement Friday. The compounds are known as PFAS.
Under a cost-sharing agreement between the three companies, Chemours will cover about $592 million of the settlement, DuPont approximately $400 million and Corteva roughly $193 million, the companies said. The settlement amounts will be deposited into the water district settlement fund within 10 business days after the court’s preliminary approval of the pact, according to the statement.
“This is an impressive step toward righting a corporate wrong that threatened the health of all Americans,” said Scott Summy, one of the lawyers leading the consolidated PFAS litigation in federal court. “DuPont has decided to put money into water systems’ hands today rather than delaying payment for years of trial. We applaud the company for this proactive move for cleaner water for all of us.”
Holly Froum, a Bloomberg Intelligence analyst who has been following the PFAS litigation, said in a note Friday that “it remains to be seen” how many water authorities will sign off on the deal.
The settlement comes as 3M Co., the largest PFAS maker, is set to face its first federal court trial, in Charleston, South Carolina, starting June 5. Analysts have said the St. Paul, Minnesota-based manufacturer could face about $143 billion in total PFAS liability. Friday’s settlement reflects DuPont’s share of the PFAS market, which is dwarfed by 3M’s production of the compounds over the decades.
Read More: 3M Heads to Trial in ‘Existential’ $143 Billion PFAS Litigation
3M and other makers of PFAS including DuPont last month agreed to pay more than $100 million to resolve a Georgia city’s lawsuit claiming the chemicals polluted its drinking water.
Read More: 3M, DuPont to Pay $100 Million to End Georgia PFAS Suit
Researchers have found that PFAS, an industrial product used since the 1950s in products ranging from computer chips and nonstick frying pans to cosmetics, never breaks down naturally and has to be removed from waterways to landfills or destroyed by burning.
They say PFAS runoff into groundwaters across the country means more than 200 million Americans may have the allegedly toxic substance in their drinking water. The compounds have been linked to increased cancer risks and other ailments.
The companies, which agreed in 2021 to set up a $4 billion fund to handle the burgeoning wave of PFAS suits, noted in their statement that the accord doesn’t cover claims by state attorneys general about pollution of rivers and streams or any claims by the federal government.
Also excluded from the deal are smaller water providers that haven’t found “the presence of PFAS and are not currently required to monitor for it under federal or state requirement,” according to the statement.
The case is Aqueous Film-Forming Foams Products Liability Litigation, 18-mn-2873, US District Court, District of South Carolina (Charleston).
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