Chemours Settles North Carolina PFAS Litigation for $455 Million

The agreement addresses claims involving Fayetteville Works and PFAS contamination unrelated to the facility, including AFFF use.

Key Highlights

  • The $455 million settlement is shared equally among Chemours, DuPont, and Corteva, with Chemours responsible for about $180 million on a net present value basis.
  • The settlement addresses both site-related and unrelated PFAS contamination, including AFFF-related pollution, and builds on progress made since a 2019 Consent Order.
  • The deal underscores ongoing regulatory scrutiny affecting industries handling refrigerants, fire suppression, and wastewater, urging contractors to stay updated on evolving chemical management requirements.

WILMINGTON, Delaware — Chemours, DuPont de Nemours, and Corteva have reached a settlement with the State of North Carolina and 11 local entities over PFAS-related claims.

The $455 million settlement resolves litigation involving PFAS and other historical discharges from Chemours’ Fayetteville Works facility. It also addresses North Carolina claims involving PFAS contamination unrelated to the site, including contamination associated with aqueous film forming foam (AFFF).

Settlement payments will total $455 million over 15 years. Chemours will be responsible for 50% of the payments, while DuPont and Corteva will cover the remaining 50%.

Chemours’ share of payments is approximately $180 million on a net present value basis, according to the company. Those payments are covered by existing accruals. Chemours expects to pay approximately $50 million over the next 12 months.

Of the total settlement amount, $18 million is attributed to alleged PFAS contamination unrelated to Fayetteville Works.

The agreement also recognizes progress under a 2019 Consent Order between Chemours and the State of North Carolina. Since 2019, Chemours said it has made investments to reduce PFAS emissions from Fayetteville Works and mitigate off-site impacts in surrounding communities.

Several provisions of the Consent Order have been completed. The settlement establishes procedures for certain remaining obligations involving off-site areas, including drinking water programs.

Under understandings related to a January 2021 memorandum of understanding among Chemours, DuPont and Corteva, the companies also agreed on terms concerning the settlement’s valuation and potential future multi-year settlements.

For purposes of calculating qualified spend under those understandings, the $455 million settlement amount will account for approximately $210 million.

The companies also agreed that future contributions to the memorandum of understanding escrow account will be considered satisfied. That includes a $50 million Chemours escrow contribution that would have been due in September 2026.

The settlement remains subject to entry of dismissals of the covered litigation.

For HVACR contractors, the settlement is relevant because PFAS regulations and remediation efforts can affect refrigerant handling, equipment selection, water management, and compliance requirements. While the agreement does not impose new requirements on contractors, its focus on PFAS contamination, emissions reductions, and drinking water programs underscores the broader regulatory scrutiny surrounding chemicals used across industrial and building systems. Contractors should continue monitoring federal and state requirements that could affect refrigerants, fire-suppression products, wastewater, and other chemical management practices.

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