Chemours hit with another class action lawsuit over GenX


BRUNSWICK COUNTY, NC (WWAY) — A Brunswick County man has filed a class action lawsuit against Chemours, DuPont, and two plant managers.

The lawsuit was filed in U.S. District Court for the Eastern District of North Carolina. According to the lawsuit, the plaintiff, Roger Morton, has lived on Stone Chimney Drive in Supply since 1988 and has consumed water supplied by the Brunswick County Northwest Water Treatment Plant since then.

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The plaintiff seeks compensatory and punitive damages arising out of the release, discharge, spills and leaks of PFAS and PFECas, both past and present, from the Fayetteville Works Facility and property opened by Chemours.

Some of the complaints include:

  • The DuPont Defendants, since approximately 1961, had studied the health effects of PFOA in laboratory animals, and in its workforce at Parkersburg, West Virginia.  From their experience at Parkersburg, the DuPont Defendants knew that their manufacturing processes, including their process for processing and using APFO, released PFAS to the environment, that PFAS were toxic, and that their release resulted in exposure of toxic chemicals to the people living as its neighbors.
  • The DuPont Defendants knew that the Fayetteville Works Facility discharged toxic PFAS to air, soil and surface water at the Fayetteville Works Site.  For example, PFOA was found in site-wide groundwater in the Fayetteville Works Site RCRA Facility Investigation which was performed from 2001 to 2014.

  • Defendants knew that the Fayetteville Works Facility and Site did not have sufficient pollution, engineering and process controls and management practices to prevent the releases of the toxic chemicals into the Cape Fear River, and that in fact such releases were occurring.  Defendants also knew that the Cape Fear River is a source of household water to many communities.

  • PFECAs have also been shown to have deleterious effects to the health of laboratory animals.  PFECAs are known to have features of chemical structure in common with PFAS and be persistent in the environment.  On information and belief, the DuPont Defendants have long been studying the toxicity of PFECAs without releasing that information to the public.  For example, in April 2006, the DuPont Defendants’ Haskell Laboratory for Health and Environmental Sciences in Newark, Delaware first submitted to U.S. E.P.A. a 1963 oral toxicity study for health impacts of GenX that Defendant E.I. DuPont had performed on rats.

This isn’t the first lawsuit filed against Chemours.

On Monday, CFPUA filed a lawsuit in federal court and earlier this month, a Wilmington man also filed a class action lawsuit against Chemours.