CFPUA says lawsuit over Cape Fear River PFAS contamination remains ongoing
WILMINGTON, NC (WWAY) — Cape Fear Public Utility Authority says its lawsuit against Chemours and DuPont over PFAS contamination will continue despite a settlement announced Thursday between the companies, the state and several local governments.
North Carolina Attorney General Jeff Jackson announced the settlement Thursday involving the state, local governments and Chemours, DuPont and Corteva.
CFPUA said the settlement resolves cases involving the companies and the Town of Wrightsville Beach and other neighboring communities affected by PFAS pollution.
However, the utility said the agreement does not affect its separate lawsuit against Chemours and DuPont.
“CFPUA is encouraged to learn that Chemours has resolved its cases with the Town of Wrightsville Beach and other neighboring communities affected by PFAS pollution from Chemours and DuPont,” the utility said in a statement.
“We want to emphasize that this settlement does not impact CFPUA’s separate and ongoing lawsuit against Chemours and DuPont.”
CFPUA filed its federal lawsuit against Chemours and DuPont in October 2017.
The lawsuit stems from the discovery of GenX and other PFAS compounds in the Cape Fear River. CFPUA says the compounds resulted from decades of releases from a chemical plant operated by Chemours and previously by DuPont on the Bladen-Cumberland county line, about 100 miles upriver from Wilmington.
CFPUA says it and its ratepayers have spent millions of dollars addressing the impacts of PFAS contamination.
That includes $43 million for a project adding eight granular activated carbon filters at the Sweeney Water Treatment Plant. The plant draws water from the Cape Fear River and provides drinking water to about 80% of CFPUA customers.
CFPUA says it believes Chemours and DuPont should be responsible for costs and damages associated with the contamination.
“Until then, CFPUA will continue to pursue our litigation against Chemours and DuPont for the decades of toxic PFAS releases into the Cape Fear River and the millions of dollars spent by CFPUA mitigating that contamination,” the utility said.
According to CFPUA, the most recent court scheduling order lists 2027 as the earliest expected trial date.
The case previously went through fact discovery in December 2023, mediation and plaintiffs’ expert reports in January 2024, defendants’ expert reports in March 2024 and expert discovery in July 2024.
CFPUA said it will provide updates as the litigation continues.
