[co-author: Stephanie Kozol]*
On November 29, Ohio Attorney General (AG) Dave Yost and Governor Mark DeWine announced a proposed $110 million settlement with Du Pont De Nemours and Co. and The Chemours Company over alleged chemical contamination from DuPont’s Washington Works facility in Parkersburg, WV, right across the border from Washington County, OH.
On February 8, 2018, Ohio became the first state to challenge Dupont in court when Governor DeWine, then the Ohio AG, filed a lawsuit against the company, alleging that over the course of six decades it had released at least 500,000 pounds of perfluorooctanoic acid, which is known as PFOA or C8, into the Ohio River and the air, causing significant damage to human health and the environment. PFOA has been connected to kidney and testicular cancer, thyroid disease, low birth weight, and high cholesterol, and persists for a long time once it is in the environment.
The complaint alleged that Dupont continued to release vast quantities of PFOA in the groundwater, drinking water, soil, and air surrounding its plant even after it knew that PFOA was toxic to humans and the environment. Further, the lawsuit claimed that DuPont intentionally concealed the dangers of PFOA from governmental entities, and the public at large, in an effort to protect its profits and avoid responsibility for any resulting injuries or damage. In 2017, DuPont and Chemours agreed to pay $670 million to settle thousands of personal injury lawsuits citing health problems related to the company’s use of PFOA.
The settlement, which is currently pending court approval, calls for a lump sum payment to ensure that the state will have assets to address the issues should the company become insolvent. The agreement establishes an environmental restoration fund, allocating the $110 million as follows: (i) 80% to address pollution from the Washington Works plant; (ii) 16% to address damages from firefighting foam; and (iii) 4% to mitigate damages to natural resources. The settlement also grants the state authority to set, regulate, and enforce more stringent drinking water standards in the future, whether dictated by the U.S. Environmental Protection Agency or the Ohio Environmental Protection Agency, for any per- and polyfluorinated substances (PFAS) or other hazardous substance.
Why It Matters
Ohio’s lawsuit is one of many against DuPont and others who used PFAS in the manufacturing process. This action demonstrates the emphasis that many state AGs place upon maximizing their authority to hold PFAS manufacturers financially liable for their alleged roles toward environmental contamination linked to PFAS. More broadly, this action is consistent with the traditional role that AGs play in seeking to both stop and/or mitigate harm to the environment and the health of citizens, and to hold companies financially responsible for the impact of industrial activity that has resulted in extensive damage.
*Senior Government Relations Manager
