Update: NJDEP v. DuPont/Chemours PFAS Trial/3M Settlement Comment Period Commenced and Runs through September 19, 2025

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DuPont/Chemours Trial. On June 30, 2025, the next bench trial phase or “mini-trial” commenced 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).  However, this mini-trial on the alleged fraudulent transfer of PFAS liability to Chemours was promptly put on hold, pending further order of the Court.  A follow-on mini-trial on Defendants’ compliance with the New Jersey Industrial Site Recovery Act is also planned.  Later stages will deal with jury issues. 

As reported previously, this action relates to alleged PFAS discharges from the Chambers Works facility along the Delaware River in Salem County (though contamination of the River itself is generally carved out of the current action). 

Proposed Draft Findings of Fact and Conclusions of Law were submitted by both New Jersey and the Defendants on the completed mini-trials.  Also submitted was briefing by the Defendants on how the New Jersey Water Pollution Control Act and prior NJPDES permits relate to discharges of PFAS. 

Proposed 3M Settlement.  The public comment period on the proposed settlement of New Jersey’s claims against 3M commenced July 21, 2025 and runs for 60 days to September 19, 2025.  Information on the proposed settlement can be found: at the bottom of an NJDEP webpage on the settlement NJDEP| 3M | Home and in the New Jersey Register.  As noted in our last update, the proposed Judicial Consent Order (“JCO”) is much broader than the underlying action related to Chambers Works.  The JCO purports to broadly resolve 3M of PFAS cleanup liability in New Jersey, including as to the state and third parties.   

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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