$50M Settlement in Delaware Over PFAS Contamination Claims

The State of Delaware announced a settlement agreement Tuesday regarding PFAS claims it had previously filed against numerous companies, including DuPont de Nemours, Inc., (DuPont), the Chemours Company, and Corteva, Inc. Initially, the State alleged that the companies caused environmental damage since they engaged in the “manufacture, use, and disposal of” per- and polyfluoroalkyl substances, known as PFAS. The release PFAS into the environment has allegedly caused considerable damage.

The companies have a long history of doing business with the State of Delaware, a press release said, and the settlement is designed to “benefits Delaware’s natural resources and the people of the State of Delaware.” The companies are set to pay $50 million to Delaware for “environmental restoration, improvement, sampling and analysis, community environmental justice and equity grants, and other natural resource needs.” If the companies settle with other states for an amount exceeding $50 million, they are responsible for paying Delaware an additional $25 million. The $50 million will be divided among the companies, with DuPont and Corteva providing $12.5 million each and Chemours providing the remaining $25 million.

Delaware Attorney General Kathy Jennings described this settlement as the most significant environmental settlement ever secured by the state. The CEOs of the three companies stressed that the settlement was in the best interest of the citizens of Delaware and explained that it would only serve to strengthen the relationship between them and Delaware. Delaware Governor John Carney further substantiated the relationship by saying that the agreement is “a natural extension of that legacy [the relationship] and signifies a commitment to continue investing in the quality of life of our citizens and the health of our environment.”

The agreement settles previous claims against the companies that had been revealed in an investigation conducted by the Delaware Attorney General’s office. Liability for the claims that detailed the potentially harmful industry activities and PFAS contamination were not taken on by the companies, as they instead came to an agreement with the State which all parties believe will further the health of the environment. The investigation remains ongoing as the Attorney General’s office looks into other parties.