The group of five attorneys general filed an amicus letter Aug. 7 with U.S. District Court Judge Richard Gergel in the Charleston Division of the District of South Carolina, claiming the proposed settlement was flawed in several ways, including that the amount the three companies were ordered to pay.
The attorneys believe the $1.18 billion falls short of what is needed for cleanup costs caused by PFAS.
Besides California, the coalition includes the attorneys general of Arizona, Pennsylvania, Wisconsin and the District of Columbia.
DuPont and spinoff companies Chemours Co. and Corteva Inc. in early June agreed to a resolution of all their PFAS-related drinking water claims with a defined class of public water systems, mainly in the U.S.
Chemours is to pay half, or $592 million, with DuPont contributing $400 million and Corteva paying $193 million. The contribution percentages were determined by a memorandum of understanding that the companies reached in January 2021. Chemours is the producer of Viton, one of the leading fluoroelastomers used in high-end rubber goods.
The $1.18 billion agreement involving Chemours, DuPont and Corteva covers water systems that have detected PFAS at any level, as well as those water districts that require monitoring under U.S. EPA monitoring rules.
This includes systems within the South Carolina aqueous film-forming foam, multi-district litigation, however it is not limited to it.
The five attorneys general said that while the settlement proposal has been improved in several ways, the three companies have declined to pay more than the $1.18 billion stipulated, arguing that the penalty is far less that what is needed to remedy the PFAS contamination caused by the DuPont-related entities to the U.S. drinking water supply.
A revised proposed settlement was filed with the U.S. District Court on Aug. 7 as well, and will need court approval. The attorneys general said they will not oppose it.
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