Chemical firms to pay $110 million to Ohio to settle claims over releases of ‘forever chemicals’

DOVER, Del. — DuPont Co. and two spinoff companies will pay $110 million to the state of Ohio to settle a lawsuit over environmental threats from toxic chemicals used at a former DuPont plant in neighboring West Virginia, the companies said Wednesday.

The settlement involving DuPont, Chemours Co. and Corteva Inc. involved, governs Ohio’s claims regarding emissions of man-made, fluorinated compounds known as PFAS. Claims relating to the manufacture and sale of PFAS-containing products and claims relating to PFAS-containing fire-fighting foam are also handled.

The compounds, which have been linked to an increased risk of certain cancers and other health problems, are often called “forever chemicals” because of their long life in the environment. They have been used in the production of nonstick coatings such as Teflon, firefighting foam, water and stain resistant textiles, food packaging and many other household and personal items.

According to the companies, Ohio will allocate 80% of the settlement to the recovery of natural resources related to the operation of the Washington Works facility near Parkersburg, West Virginia, on the eastern bank of the Ohio River. The remaining 20% ​​will be used to address PFAS claims statewide, including the use of firefighting foam. The settlement is subject to court approval.

Under a 2021 agreement with the state of Delaware, the Ohio settlement means the companies are also required to pay Delaware $25 million for environmental initiatives. As part of the 2021 settlement, the companies agreed to pay $50 million to Delaware and finance up to an additional $25 million if they settled similar claims with other states for more than $50 million.

Ohio initiated a lawsuit against DuPont and Chemours in February 2018 regarding historic emissions of perfluorooctanoic acid, known as PFOA, from the Washington Works site. PFOA was once widely used in a variety of products, including nonstick cookware. Ohio alleged damage to natural resources from use of the compound, and impropriety in the 2015 DuPont spinoff that created Chemours.

DuPont will contribute approximately $39 million to the settlement. Chemours, DuPont’s former performance chemicals unit, will pay about $55 million, with the rest owed to Corteva. Chemours was spun off as an independent company in 2015. Corteva, the former agricultural division of DowDuPont, became a separate company in 2019.

Under a 2021 cost-sharing settlement that settled legal disputes over PFAS liabilities arising from conduct prior to 2015, DuPont and Corteva, on the one hand, and Chemours, on the other, agreed to a 50-50 split of certain expenses incurred over a period of 2015. term of up to 20 years, or a total amount of $4 billion.

DuPont began using PFOA in products at its Washington Works plant in the 1950s. Chemical emissions from the site have been blamed for a variety of health problems among local residents and have led to multiple lawsuits.

In April, the U.S. Environmental Protection Agency ordered Chemours to address PFAS contamination in stormwater and wastewater from the Washington Works facility. The EPA said this was the first Clean Water Act enforcement action to hold polluters accountable for discharging PFAS into the environment.

According to the EPA, PFAS levels in Washington Works discharges have exceeded the levels set forth in the facility’s Clean Water Act permit.