A major environmental case in North Carolina recently settled. Three large chemical companies agreed to settle the PFAS case for $455 million. This settlement shows that PFAS litigation is making headway at a time when environmental tort litigation is struggling more generally. A press release from Chemours describes the terms of the settlement agreement:
“The terms of the Settlement, including a further description of claims released and not released, are set forth in the Settlement Agreement, which remains subject to entry of dismissals of the covered litigations. Settlement payments will total $455 million (the “Settlement Amount”) over a 15-year period beginning within 30 days of the execution date of the agreement. Chemours’ share of expected payments over the next twelve months is approximately $50 million. Of the total settlement amount, $18 million is attributed to alleged PFAS contamination unrelated to Fayetteville Works.”
Under the agreement, Chemours, DuPont, and Corteva will be responsible for 50% of the settlement funds, while DuPont and Corteva alone will cover the remaining 50%. This settlement comes at a time when PFAS production is on the rise, driven by data center development. Litigation has scared off some firms, like 3M and BASF, who deem the legal risks of PFAS production to outweigh potential profits. Others are doubling down, ensuring that the plaintiff’s bar has ample litigation fodder for years to come. We’ll see if settling a PFAS case for $455 million has a chilling effect on the chemical industry, or if firms will wait for their turn in court.
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