On June 30, 2025 the next bench trial phase or “mini-trial” commences in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, ET AL., Docket No. 19-cv-14766 (RMB/JBC) before the Honorable Renée Marie Bumb of the Federal District of New Jersey (Camden). This trial relates to alleged PFAS discharges from the Chambers Works facility along the Delaware River in Salem County. The trial of these matters began on May 19, 2025, and is expected to continue over the coming months and eventually to include issues tried before a jury.
Fact and expert testimony was completed in a series of mini-trials on the liability of DuPont and Chemours under the New Jersey Spill and Brownfields Acts and the New Jersey Water Pollution Control Act (“WPCA”), and on affirmative defenses, including under a 2005 Compensatory Restoration Administrative Consent Order (“CRACO,” a form of NRD settlement including supplemental environmental projects) and the Government Contractor Defense. Initial proposed findings of fact and conclusions of law are due June 30 from the parties on the first set of mini-trials.
The minitrial commencing June 30 focuses on allegations of fraudulent transfer in connection with the spin-off of Chemours from DuPont in 2015.
Few substantive rulings have been reported in the public record so far. As to the CRACO affirmative defense, the Court reportedly issued an oral ruling that the “Affirmative defense inapplicable as to PFOA; not ripe as to remaining claims; . . . .” As to WPCA, the Court ruled that toxicology information was not relevant to whether a violation occurred in the initial WPCA liability mini-trial, though it may be relevant to later stages. Meanwhile, official notice of the opportunity for public comment on the proposed settlement that removed 3M from the trial proceedings described above is expected to be published in the next issue of the New Jersey Register (July 7, 2025), with a 60-day public comment period thereafter. The scope of this proposed Judicial Consent Order (“JCO”) extends well beyond discharges from Chambers Works. The JCO purports to broadly resolve 3M of PFAS cleanup liability to New Jersey and to third parties across New Jersey.
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