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In a move akin to David triumphing over Goliath, Ohio has struck a groundbreaking $110 million settlement with industrial giants DuPont de Nemours, Corteva, and the Chemours Co. This agreement brings closure to a seven-decade saga of "forever chemical" contamination, originating from a Teflon-producing facility in West Virginia but impacting the bucolic waters of the Ohio River.

The Battle for Ohio's Environmental Future

The legal odyssey, spearheaded by Ohio Governor Mike DeWine, began in earnest in 2018. DeWine, then the state's attorney general, launched the lawsuit with a resolve reminiscent of a knight championing environmental justice. On Wednesday, he lauded the settlement as not just a victory, but a crusade won on behalf of Ohioans, especially those residing in the shadow of the Washington Works facility in Parkersburg, West Virginia.

DeWine's statement resonated with the fervor of a guardian of the environment. "DuPont's blatant disregard for the toxicity of the chemicals they released cannot be overlooked. This settlement is a testament to holding them accountable for the environmental scars they deliberately inflicted," he remarked. The pursuit of this case by Attorney General Yost was commended for its doggedness, leading to this landmark resolution.

DuPont and Corteva $110M deal : A Milestone for Environmental Justice

Representing the voice of Ohio, attorney John D.S. Gilmore from Kelley Drye & Warren LLP expressed to Law360 that this settlement is nothing short of historic. It's a beacon of hope, paving the way for the rejuvenation of Ohio's natural resources and shielding its citizens from the dangers of perfluorooctanoic acid (PFOA).

The allegations against E.I. Du Pont De Nemours And Co., which eventually fragmented into DuPont, Corteva, and the Chemours Co., were severe. From the 1950s to 2013, Ohio contended that these companies knowingly released PFOA-laden emissions into the air and the Ohio River during their Teflon production, fully aware of the chemical's pernicious effects on human health and the environment.

The Composition of the Settlement

The settlement inked between Ohio and the companies lays the foundation for an environmental restoration fund. This fund, with 80% dedicated to addressing pollution from the Washington Works facility, 16% allocated to damages from firefighting foam (also known as aqueous film-forming foam), and the remaining 4% earmarked for natural resource damage mitigation, symbolizes a new chapter in environmental remediation.

Breaking down the financial responsibility, DuPont shoulders a $39 million portion, while Corteva contributes around $16 million. The Chemours Co. is responsible for the balance, as per the companies' communication to Law360.

Resolving a Tapestry of Environmental Claims

This settlement extinguishes Ohio's claims related to the release of per- and polyfluoroalkyl substances, including PFOA, from the companies' facilities and their associated product manufacturing and sales. DuPont confirmed that the agreement also encompasses Ohio's claims pertaining to firefighting foam.

Prior to this, DuPont and the Chemours Co. had agreed in February 2017 to a $671 million payout to settle separate multidistrict litigation in Ohio federal court. This litigation involved thousands of personal injury lawsuits linked to PFOA use. Subsequently, in January 2021, the three companies agreed to an additional $83 million settlement over the pollutant and jointly pledged $4 billion to cover liabilities for their historical use of per- and polyfluoroalkyl substances (PFAS), as outlined in a memorandum of understanding.

Corteva, in a statement to Law360, emphasized that it does not produce PFAS products and that this settlement addresses "historic liabilities" under the January 2021 memorandum.

Representatives for DuPont and the Chemours Co. were not immediately available for comment on Wednesday.

The Legal Eagles Behind Ohio's Victory

Ohio's legal team included Aaron Farmer, Gregg Bachmann, Mark Navarre from the Ohio Attorney General's Office, and a robust lineup from Kelley Drye & Warren LLP, Markovits Stock & DeMarco LLC, and Taft Law. The companies found representation in Squire Patton Boggs LLP, McCarter & English LLP, Bartlit Beck LLP, and Norris McLaughlin PA.

This settlement not only closes a chapter in Ohio's environmental history but also serves as a powerful reminder of the consequences of industrial neglect and the