Earlier this month, three PFAS manufacturers, Chemours, DuPont, and Corteva, announced a $1 billion settlement for polluting public water systems.
According to a press release, the settlement means the companies will pay into a settlement fund to cover a number of water systems across the country that detect PFAS at any level or are required to monitor for the presence of PFAS.
While the settlement covers a lot of municipal and county utilities, it specifically excludes the Cape Fear River Basin because of ongoing local litigation.
Ted Leopold is a senior partner at Cohen Milstein, the legal firm representing Cape Fear residents in another lawsuit. He said, “there'll be a fund there to pay for essentially, fixing or reconstructing those water utilities so that they can hopefully provide clean water to its customers.”
Because of the nature of the settlement, other utilities that aren’t currently involved can petition to have their utilities tested, and then may have access to that $1.185 billion fund.
“Certainly, you know, this is going to be very expensive. Cape Fear water utility has estimated somewhere in the range of $40 to $60 million to correct its facility,” Leopold said, referring to the Cape Fear Public Utility Authority (CFPUA). “So if you can imagine all the water utilities around the country, there's going to be a significant number. So the settlement number may pale in comparison to what the actual damage number may be.”
Cape Fear River Watch Executive Director Dana Sargent is concerned about that exact issue. “The amount of money comes nowhere near what I think folks need, or deserve to cover the costs for filtration, you know, across the country, and I'm grateful that our Cape Fear folks are not a part of it.”
Sargent said the proposed $1.1 billion fund for utilities across the country is nowhere near sufficient.
“It's dumbfounding that anybody agreed to this," she said.
She added that the three companies saw a jump in stock value after the settlement was announced, which she took as evidence that it was a boon for the chemical giants.
At the same time, Leopold says the settlement is limited in scope, leaving room for future litigation.
“The settlement doesn't affect the contamination that occurs in the soil, groundwater, property damage and things of that sort,” he said. “This is only related to the water utilities around the country.”
Still, Sargent wants to see more than a limited settlement fund. She wants companies to be held fully accountable for the cost of cleanup after half a century of contamination.
“I think that these companies should be held liable. These companies are the ones who did this and made this mess. I don't think it should be on the backs of taxpayers," she said.
As for the Cape Fear case, Cohen Milstein is representing Cape Fear residents against Dupont and Chemours in a class action lawsuit dating back to 2018. The class action lawsuit seeks monetary damages and injunctive relief for physical injury, property damage and reduced property values, and the cost of filtering contaminated water and air in five Cape Fear counties.
Leopold says the recent settlement has positive implications for the law firm’s other cases, like the case CFPUA has against Chemours.
“I think that's the biggest result is the acknowledgment of the companies that have perpetrated these contaminations and caused people's properties and health to be put at risk,” he said. “It's an acknowledgment that, you know, these are serious chemicals that can cause harm both the property and to individuals. And, you know, they're certainly paying a lot of money towards fixing the problem.”
As for a timeline on a result for that class action suit, Leopold said it’s unpredictable. “We've been waiting for some time. I wouldn't be surprised if it came tomorrow, next week, or sometime this summer.”
All of this is in addition to the North Carolina Attorney General's office's ongoing lawsuit against Chemours; the litigation alleges the company knew for decades it was polluting the Cape Fear with dangerous chemicals — and seeks compensation to repay local utilities for the cost of new water treatment upgrades.
Editor's Note: A previous version of this article referred to Cohen Milstein as a law firm involved with the settlement. The law firm instead represents Cape Fear residents in a separate lawsuit.
