“Forever Chemical” Lawsuit to Continue

Publish Date : 09/23/2024

A federal judge in North Carolina ruled DuPont and its spin-off companies, including Corteva and Chemours, cannot avoid a lawsuit filed by residents who claim the companies polluted the Cape Fear River with toxic “forever chemicals” (Per- and polyfluoroalkyl substances (PFAS)), leading to cancer and other health issues. The lawsuit, brought by residents from Cumberland, New Hanover, and Pender counties, targets decades of chemical discharges from the Fayetteville Works plant.

While U.S. District Judge James C. Dever III dismissed some of the residents’ claims—such as unfair trade practices and public nuisance—the companies still face accusations of negligence, gross negligence, and trespass. The judge stated the residents plausibly alleged the companies knowingly discharged harmful chemicals, posing a health risk. The case, filed in October 2023, is part of broader litigation, including suits by North Carolina’s attorney general and a large water utility.