AG Jennings secures additional $25 million natural resource damage settlement payment

Attorney General Kathy Jennings today announced the payment of an additional $25 million by E. I. du Pont de Nemours and Company, The Chemours Company, DuPont de Nemours, Inc. and Corteva, Inc, (the "Companies") in connection with the State's July 2021 settlement with the Companies.

The 2021 settlement, which resolved allegations related to the Companies' responsibility for damages caused by releases of historical compounds within or impacting the State, including per- and polyfluoroalkyl substances (generically referred to as "PFAS"), required an additional payment to Delaware of up to $25 million upon the Companies' settlement with another state. Late last year, a settlement was finalized with the State of Ohio, triggering this additional payment. After deducting attorneys' fees, the balance of $23.75 million will be paid to a trust overseen by the Delaware Department of Natural Resources and Environmental Control (DNREC) and Delaware Health and Social Services (DHSS). As set forth in the original settlement agreement, the funds in trust must be used for initiatives related to environmental assessments, restoration, research, and justice.

"This is a monumental addition to what was already the most significant environmental settlement the State of Delaware has ever secured," said Attorney General Kathy Jennings. "Delaware is blessed with incredible natural resources from our foothills all the way down to our scenic coast; it is our duty to protect them and to hold polluters accountable for the destruction they cause. These monies represent a powerful tool in the fight to protect and restore our most vulnerable communities and ecosystems, and preserve our beloved state for generations to come."

"We are grateful for the Department of Justice's persistence in securing this additional funding to hold polluters accountable and protect community health," said DHSS Secretary Christen Linke Young. "These funds will support DHSS' collaborative efforts with DNREC to better assess PFAS exposure, enhance health surveillance and research, and reduce risks to Delaware communities, particularly those disproportionately impacted by historical contamination."

"DNREC has been utilizing prior settlement funding over the last five years to methodically build our understanding about where PFAS is in Delaware, with a focus on where it may be impacting public health," said DNREC Secretary Greg Patterson. "We have especially worked with the Department of Health and Social Services on PFAS research and remediation in public and private drinking water to ensure it is safe for Delawareans. And we have used the funds to educate Delawareans on PFAS itself and on our plans to deal with it going forward. This additional $25 million in settlement funds will provide more resources for the state to continue working to ensure that Delawareans' exposure to PFAS is minimized to the greatest extent possible."

For more information about DNREC's work on PFAS, visit de.gov/pfas.

The settlement is the result of an extensive investigation into the environmental impacts of legacy industrial activities in Delaware led by Attorney General Jennings. That work remains ongoing, including currently pending efforts against other defendants related to PFAS contamination and PCB contamination.

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