The DuPont Co. and two spin-off firms, Chemours Co. and Corteva Inc., have agreed to pay $110 million to the state of Ohio to settle a lawsuit concerning environmental threats caused by toxic chemicals used at a former DuPont facility in West Virginia. The settlement, announced on Wednesday, resolves Ohio’s claims regarding releases of manmade, fluorinated compounds known as PFAS, which are associated with an increased risk of certain cancers and other health problems.
PFAS, commonly referred to as “forever chemicals” due to their longevity in the environment, have been widely used in various products such as nonstick coatings, firefighting foam, textiles, food packaging, and more. The settlement also addresses claims relating to the manufacture and sale of PFAS-containing products and the use of firefighting foam containing PFAS.
Under the agreement, Ohio will allocate 80% of the settlement to the restoration of natural resources affected by the operation of the Washington Works facility near Parkersburg, West Virginia. The remaining 20% will be used to address PFAS claims statewide, including the use of firefighting foam. The settlement is still subject to court approval.
In addition to the settlement with Ohio, the companies are also obligated to pay $25 million to Delaware for environmental initiatives as part of a separate 2021 agreement. This brings the total amount the companies will pay to $135 million.
Ohio initiated litigation against DuPont and Chemours in 2018, alleging damage to natural resources from the historical emissions of perfluorooctanoic acid (PFOA) from the Washington Works site. PFOA, once widely used in nonstick cookware, has been linked to health issues. Ohio also raised concerns about impropriety in the 2015 spinoff of Chemours from DuPont.
DuPont will contribute approximately $39 million to the settlement, while Chemours will pay about $55 million, and Corteva will cover the remaining amount. Chemours was created as a standalone company in 2015, and Corteva became a separate company in 2019 after the agriculture division of DowDuPont split.
Under a cost-sharing arrangement established in 2021, DuPont and Corteva, on one side, and Chemours, on the other, agreed to a 50-50 split of certain expenses incurred over a term of up to 20 years, totaling $4 billion. This arrangement resolved legal disputes over PFAS liabilities arising from pre-2015 conduct.
The Washington Works facility has been a source of concern due to chemical releases that have been linked to health problems among local residents and multiple lawsuits. In April, the U.S. Environmental Protection Agency (EPA) issued an order to Chemours to address PFAS pollution in stormwater and effluent from the facility, marking the first Clean Water Act enforcement action against PFAS discharges.
The settlement with Ohio represents a significant step in holding chemical firms accountable for the environmental and health impacts caused by PFAS. The allocation of funds towards restoration efforts and addressing statewide claims demonstrates a commitment to mitigating the damage caused by these “forever chemicals.”
