On June 2, 2023, DuPont, Chemours and Corteva (“DuPont entities”) announced that they had created a $1.185 billion fund to which any water utility with detectable PFAS attributable to Dupont Entities.

Contribution rates will be consistent with the binding Memorandum of Understanding between the companies reached in January 2021, with Chemours contributing 50 percent (about $592 million), and DuPont (about $400 million) and Corteva (about $193 million) collectively contributing the remaining 50 percent. The settlement amounts will be funded by the companies in full and deposited into the water district settlement fund within ten business days following preliminary approval of the settlement by the Court. The agreement is subject to approval by the South Carolina court overseeing the AFFF MDL.

It should be noted that the settlement agreement will resolve only those claims specifically relate to water utilities, and does not resolve any other types of claims pending against the DuPont Entities, such as personal injury claims on the AFFF MDL, other groundwater or soil pollution claims, or class action lawsuits pending in states that were brought by private citizens.

Nevertheless, today’s news is a significant development for the AFFF MDL, especially with 3M’s trial in the Stuart, Florida case set to start trial next week.