CFPUA’s legal action against Chemours and DuPont 

In October 2017, CFPUA filed a lawsuit against Chemours and Dupont in federal district court for the Eastern District of North Carolina. 

The ongoing litigation stems from the discovery of GenX and other PFAS compounds in the Cape Fear River resulting from decades of releases by Chemours and DuPont from their chemical plant on the Bladen-Cumberland county line, about 100 miles upriver from Wilmington. 

CFPUA and its ratepayers have spent millions of dollars on measures to address the impacts of the companies’ PFAS releases. We also will spend $43 million on a project to add eight new granular activated carbon (GAC) filters at CFPUA’s Sweeney Water Treatment Plant, which draws water from the Cape Fear River and provides drinking water to about 80 percent of CFPUA's customers.

CFPUA believes Chemours and DuPont, rather than our customers, should pay for those and other costs and damages related to the companies’ actions. So far though, neither company has stepped up to this responsibility. Until that occurs, we will proceed with the lawsuit.

The most recent scheduling order from the court lays out the following deadlines:

Summer 2020: Fact discovery complete.

August 17, 2020: Mediation must be complete.

Fall 2020: Expert witness reports complete.

Spring 2021: Expert witness discovery complete.

Summer 2021: Actions regarding summary judgment complete.

Fall 2021: Expected trial date.

We will update this page as more information becomes available.

You can learn more about the steps CFPUA is taking to address PFAS releases and the ongoing litigation by following the links to the left. You also can follow us on Facebook or Twitter for ongoing updates.