The Chemours Company, DuPont de Nemours Inc. and Corteva Inc. said on June 2 they have agreed to pay $1.2 billion to settle all claims related to PFAS contamination in drinking water.
The settlement pertains to all public water systems that are required to undergo monitoring for per- and polyfluoroalkyl substances (PFAS) under an Environmental Protection Agency ruling or other relevant federal or state laws. About 88% of the U.S. is served by systems that require PFAS testing under the ruling, according to a news release.
PFAS as defined in this settlement, includes perfluorooctanoic acid (PFOA) and hexafluoropropylene oxide dimer acid (HFPO-DA), or GenX, among a broad range of fluorinated organic substances, the companies said.
The settlement also includes systems in a lawsuit against aqueous film-forming foams (AFFFs) containing PFAS that contaminated groundwater near military bases, airports and other industrial sites where AFFFs were used to extinguish liquid fuel fires.
Systems excluded from the settlement class include those owned and operated by a state or the federal government; small systems that have not detected the presence of PFAS and are not currently required to monitor for it under federal or state requirements and water systems in the North Carolina’s lower Cape Fear River Basin, according to the companies.
The companies will collectively establish and contribute to a water district settlement fund, with Chemours contributing 50% and DuPont and Corteva collectively contributing the remaining amount.
The companies expect to finalize the agreement in the second quarter, subject to approval by the United States District Court for the District of South Carolina. If the plaintiffs opt to pursue their claims in court, the companies plan to fight the litigation.
“The companies deny the allegations in the underlying litigation and reserve all legal and factual defenses against such claims if they were litigated to conclusion,” the companies said in the news release.