Companies settle with New Jersey on PFAS

Chemours, DuPont and Corteva have reached a settlement to resolve all pending environmental and other claims by the state of New Jersey. This will resolve all legacy contamination claims related to their current and former operating sites at Chambers Works, Parlin, Pompton Lakes and Repauno, plus other claims of state-wide PFAS contamination, including from the use of aqueous film-forming foam.

The companies will pay $875 million over a 25-year period beginning within 30 days of the Judicial Consent Order entry date, which will be no earlier than 1 January 2026. This includes $16.5 million is attributed to alleged PFAS contamination unrelated to the operating sites. As per a previous Memorandum of Understanding, Chemours will be responsible for 50%, DuPont for 35.5% and Corteva for 14.5%.

The settlement also establishes a process for determining the amount of the Remediation Funding Source (RFS) at the four sites and the initial range for each, as well as other mechanisms to secure future remediation at the sites. In addition, DuPont and Corteva will establish a reserve fund based on their respective cost sharing percentages, capped at $475 million, to serve as further financial security.

Contingent upon approval of the JCO, DuPont and Corteva will purchase from Chemours for $150 million Chemours’ rights to receive certain insurance proceeds related to PFAS claims.  After they have recovered this, Chemours will be entitled to its 50% share of further insurance recoveries.