NC AG Jackson calls on residents to weigh in on Chemours’ ‘backroom deal’ over PFAS

State Attorney General Jeff Jackson is asking North Carolinians to comment on what he’s calling a “backroom PFAS deal” between the Environmental Protection Agency and chemical manufacturer Chemours. 

Chemours, formerly part of DuPont, has been manufacturing chemicals on the Cape Fear river near Fayetteville for decades. In 2017, scientists discovered that the toxic chemical GenX and other PFAS – sometimes known as “forever chemicals” because of their persistence in the environment –  were being released from the plant into the river and into other bodies of water from other plants in West Virginia and New Jersey. 

More than 2,600 plaintiffs sued the chemical company for polluting their drinking water wells, air, soil, and groundwater. Plaintiffs wanted compensation for their dropping home values, health concerns, and the inability to fully use and enjoy their properties, according to the complaint. 

None of them will get their day in court if a proposed deal between Chemours and the EPA moves forward. The EPA and Chemours announced they’d reached a $450 million settlement last month.

“This deal was negotiated behind closed doors without anyone from North Carolina at the table, and it guarantees our state nothing,” Jackson said in a statement earlier this week. “The EPA is going to hear from my office. We think they should also hear from the people who actually drink this water.”

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Most of the $450 million would pay for alternative water supplies and other mitigation efforts outside of North Carolina. The settlement requires Chemours to pay up to $90 million over 15 years to fund water cleanup and clean water drinking projects. 

Jackson said the deal “guarantees nothing for North Carolina.” He said negotiations did not involve the state’s Department of Justice or Department of Environmental Quality. 

“[Chemours] would get to propose the projects it funds, without input from North Carolina or its residents,” Jackson’s office said in a statement. “Additionally, Chemours is not obligated to spend any of the money in North Carolina. Even if it did split the money evenly between the three states, that would only leave $2 million annually to address water pollution in North Carolina.”

The agreement needs approval from a federal court. Members of the public are able to provide comments to the federal government on the proposed deal until July 29. 

Here’s how to share your comments:

• Address your email or letter to the Assistant Attorney General, Environmental and Natural Resources Division
• In the subject line, include the words: The Chemours Company, D.J. Ref. No. 90-5-1-1-12112
• Email: [email protected] 
• Mail: Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611