Five AGs Opposed Proposed Settlement with DuPont over PFAS Contamination

AUGUST 7, 2023

California Attorney General Rob Bonta led a coalition of five attorneys general in filing an amicus letter identifying flaws in a proposed class action settlement with DuPont over allegations that the company contaminated drinking water with per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals” for their resistance to breaking down in the human body and the environment. Specifically, the AGs argued that the proposed cost of the settlement—$1.18 billion—would only account for damages from DuPont’s production of PFAS-containing firefighting foam from 2002 to 2014, when DuPont has been manufacturing the foam since the 1950s. Moreover, the AGs explained, that amount would not be nearly enough to cover the costs of addressing the PFAS pollution in public water systems. The AGs also submitted a consent motion with revisions to the proposed settlement, which was subject to court approval.