A district court judge has denied a motion by E.I. Dupont Nemours & Co. to seal documents related to a per- and polyfluoroalkyl contamination lawsuit filed by current and former residents of southeastern North Carolina.
The ruling, dated Nov. 27, relates to claims that the company is responsible for fouling the Cape Fear River south of Fayetteville with the toxic substance, also known as PFAS.
Magistrate Judge Robert T. Numbers, of the Eastern District of North Carolina Western Division, stated the request was DuPont’s second failed attempt to seal summary-judgment-related materials.
The court denied the first filing because the company “relied on the wrong standard” for sealing the materials. In the second filing, DuPont identified the correct standard but failed to meet it, Numbers stated.
“Since Defendants failed to provide any credible evidence to support their claim that they would be harmed by the documents’ disclosure, they have not overcome the public’s First Amendment right to access those documents. Thus, the court denies their motion to seal,” the judge wrote in his ruling.
Read the full ruling here.
