Summary
EIDP, Inc. (along with its parent Corteva, Inc.) has entered into a significant settlement agreement with the State of North Carolina and several local government entities to resolve claims related to statewide PFAS contamination and historical discharges from the Fayetteville Works site. The total settlement amount is $455 million, payable over 15 years. EIDP's allocated share of this settlement is approximately $66 million. In addition to its direct payment, EIDP and DuPont are required to guarantee Chemours' portion of the settlement and establish a reserve fund, capped at $135 million, which can be accessed by North Carolina if Chemours fails to meet its obligations under the NC Consent Order. This settlement also impacts the calculation of qualified spend against the $4 billion aggregate cap outlined in a January 2021 Memorandum of Understanding (MOU) among EIDP, Corteva, Chemours, and DuPont. The settlement payments will be applied to the MOU cap based on their net present value, using an 8% discount rate over 25 years, and will satisfy future escrow contribution obligations.
Key Highlights
- 1EIDP, Inc. and Corteva, Inc. reached a settlement with North Carolina and local entities for $455 million to resolve PFAS-related claims.
- 2EIDP's share of the settlement is approximately $66 million, to be paid over 15 years.
- 3EIDP and DuPont are jointly guaranteeing Chemours' settlement obligations.
- 4A reserve fund of up to $135 million will be established, accessible by North Carolina if Chemours defaults on its obligations.
- 5The settlement payments will be applied against the $4 billion aggregate qualified spend cap in a January 2021 MOU using a net present value calculation.
- 6Future contributions to the MOU Escrow Account are deemed satisfied by the New Jersey and North Carolina settlement payments.
- 7The settlement effectively resolves historical discharge claims related to the Fayetteville Works site and obligations under the NC Consent Order.