As previously reported, the ongoing mini-trials related to PFAS at the Chambers Works facility in NEW JERSEY DEPARTMENT OF ENVIROMENTAL PROTECTION, ET AL., VS. E.I. DU PONT DE NEMOURS AND COMPANY, 3M ET AL., Docket No. 19-cv-14766 (RMB/JBC) were abruptly put on hold on June 30, 2025. By August 4, 2025, the reason was clear: NJDEP announced that it had reached a settlement with Chemours, DuPont, Corteva and various related entities (“DuPont/Chemours” Settlement or JCO). The announcement and associated documents, including the proposed settlement and a Scheduling Order discussed below, are posted at: NJDEP website.
Among many other provisions, the DuPont/Chemours Settlement includes a payment of approximately $875M to NJDEP over 25 years that is allocated to: natural resources damages ($225M), abatement ($525M) and costs (e.g., attorney fees) ($125M). The settlement also includes obligations to establish remediation funding for the cleanup of four facilities, including Chambers Works, Pompton Lakes, Repauno, and Parlin. Releases and protections proposed for the defendants would relate to the four industrial facilities, as well as statewide PFAS claims, including NRD claims for the Delaware River. In general, the remediation obligations for the facilities would remain. Timing for Entry of 3M and DuPont/Chemours Settlements. In a Scheduling Order issued by the Court (at NJDEP’s request) on August 28, 2025, and available at the NJDEP website, NJDEP is to publish notice of the proposed DuPont/Chemours settlement in the New Jersey Register on Tuesday, September 2, 2025, with the 60-day public comment period ending on November 1, 2025. The Order calls for NJDEP to file a motion for entry of both the 3M and DuPont/Chemours JCOs together on November 21, 2025, with the Court expected to hold a hearing, as of now at least, on January 8, 2026, during the term of the current New Jersey Administration.
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