Chemours, DuPont and Corteva have reached a $455 million settlement with the State of North Carolina and 11 local entities over PFAS and other historical discharges from Chemours’ Fayetteville Works facility. The agreement also resolves state claims involving PFAS contamination unrelated to the site, including from the use of aqueous film forming foam (AFFF).
The settlement acknowledges progress under Chemours’ 2019 Consent Order with North Carolina. Since 2019, Chemours has made investments to significantly reduce PFAS emissions from Fayetteville Works and mitigate off-site impacts in surrounding communities. Several provisions of the Consent Order have been completed, while the agreement establishes procedures for certain remaining obligations, including drinking water programs.
Settlement payments will total $455 million over 15 years, beginning within 30 days of the agreement’s execution. Chemours expects its share of payments over the next 12 months to be approximately $50 million. Of the total, $18 million is attributed to alleged PFAS contamination unrelated to Fayetteville Works.
Under a January 2021 Memorandum of Understanding between the three companies, Chemours will be responsible for 50% of the settlement payments, with DuPont and Corteva responsible for the other 50%. For purposes of calculating qualified spend under the agreement, the settlement will account for approximately $210 million on a net present value basis. Future contributions to the MOU escrow account will also be considered satisfied, including Chemours’ $50 million contribution that would have been due in September 2026.
The settlement remains subject to entry of dismissals of the covered litigation. The 11 settling local entities include seven North Carolina counties, three municipalities and the Lower Cape Fear Water and Sewer Authority.
