July 23, 2021

Du Pont Settles Delaware PFAS Contamination Liability Claims For $50 Million

Bernard Nash

Cozen O'Connor

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Cozen O'Connor

Delaware AG Kathy Jennings reached a settlement with chemical company E.I. du Pont de Nemours and Company and it legacy companies (collectively “du Pont”) to resolve allegations that du Pont’s historic activities caused environmental damage and contamination with per- and polyfluoroalkyl chemicals (“PFAS”), which are associated with increased risk of cancer.
PFAS chemicals, also known as “forever chemicals” because they are resistant to environmental degradation, are used in a variety of products, including firefighting foam and water-repellent fabric, and one such chemical is a key component of du Pont’s proprietary product, Teflon™.
Under the terms of the settlement agreement, du Pont will pay $50 million to the state, with an additional potential payment of up to $25 million should du Pont settle similar claims with other states for more than $50 million. The funds will be used for environmental restoration, improvement, and monitoring as well as for community environmental justice and equity grants and other natural resource projects. The Delaware settlement is the first to be reached under the binding $4 billion memorandum of understanding that du Pont signed in January 2021 for a global resolution of its PFAS liability.

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