After years of waiting, 2,600 North Carolina residents settle Chemours PFAS case out of court

For years, thousands of North Carolina families living near Chemours' Fayetteville Works plant have said chemical pollution has brought detrimental effects to their quality of life — changing the way they use their homes, water, and land. 

Now, after years of legal battles, PFAS claims from over 2,600 residents are moving toward a settlement outside of court.

What happened?

The mass tort, filed in 2018, was brought by property owners who live near Fayetteville's Chemours plant and accused DuPont and Chemours of releasing PFAS there since the 1980s. PFAS are often called "forever chemicals" because they can persist in the environment for extremely long periods — sometimes even sticking around for up to 1,000 years.

Rather than moving forward with the first trial, the parties chose to settle. According to The Fayetteville Observer, six plaintiffs had been scheduled to begin a July 13 bellwether trial intended to indicate how the wider case might play out.

The lawsuit focused on what residents said the contamination took from them in their daily lives and in the value of their properties. They alleged polluted surface water and groundwater, harm to property values, problems involving gardening and animals, and limits on their ability to fully enjoy their homes. 

Court records said the six bellwether plaintiffs "lost the ability to grow and eat produce grown at their property" and now "have endured significant annoyance associated with cooking, cleaning, drinking, and performing other household activities with bottled water."

One of those plaintiffs was Mike Watters of Gray's Creek, a co-founder of Gray's Creek Residents Against PFAS, who found out about the deal while at the courthouse.

"I don't know what the settlement is and wouldn't be able to discuss it under the terms," Watters told The Fayetteville Observer.

Why does it matter?

PFAS contamination has become a major concern nationwide because the chemicals are tied to a wide range of consumer and industrial products, including nonstick cookware and firefighting foam. When those substances are not kept out of nearby communities, residents can end up dealing with the consequences for years.

Court records described residents avoiding water on their properties, relying on bottled water, and even having family not visit as often due to worries about being exposed to these toxic chemicals on their property. 

What's being done?

For residents with impacted wells, the response has included using whole-home granular activated carbon systems, reverse osmosis units at up to three sinks, or relying on a connection to public water where that option exists. Those measures stem from a 2019 consent order with the state of North Carolina requiring Chemours to test private wells and provide replacement drinking water.

As reported by The Fayetteville Observer from court records, Chemours is supplying carbon filtration systems to more than 1,400 well owners and reverse osmosis systems to 3,500 well owners, with maintenance obligations lasting 20 years.

Some conflicts remain unresolved, however. According to The Fayetteville Observer, Watters and county officials have alleged that Chemours has not properly maintained the filtration systems, which Chemours has denied. Cumberland County still has a separate case pending, and environmental groups also have ongoing cases.

After being hit with several health problems, Watters said how important it was to him to see this case resolved. "I've always said I wanted to see it settled before I died," Watters stated. 

Attorneys Cary McDougal and Brett Land added: "We believe this is an extremely positive and successful outcome on behalf of our clients."

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