01—Abstract
Summary
Summary of the 8-K filed August 4, 2025. Cited figures are marked; the original filing is the authoritative source.
DuPont de Nemours, Inc. (DuPont) reported on its August 4, 2025 Form 8-K that, on August 3, 2025, it, together with The Chemours Company and Corteva Inc. and its subsidiary EIDP Inc., agreed to a proposed Judicial Consent Order with the State of New Jersey to resolve the State's outstanding claims relating to legacy use of substances of concern, including DNAPL, chemical solvents, and PFAS.
The settlement is subject to a public notice and comment period and to approval by the Federal District Court of New Jersey (Camden). It resolves legacy claims tied to four historic EIDP operating sites (Chambers Works, Parlin, Pompton Lakes and Repauno), alleged statewide PFAS contamination including from aqueous firefighting foam, fraudulent transfer claims, and known natural resource damages claims. The filing states that DuPont does not admit liability or wrongdoing.
The aggregate cash payment to the State is $875 milliona, payable over 25 years and shared under a 2021 Memorandum of Understanding among Chemours, Corteva and DuPont. DuPont's share is estimated at $311 million, and in the second quarter of 2025 it recorded a pre-tax charge of $177 million within discontinued operations, reflecting the net present value of that share at an 8 percent discount rate. The first annual payment is due within 30 days after the court enters the order, but no earlier than January 31, 2026, and DuPont intends to use $35 million in the MOU Escrow Account for it.
The settlement also requires continued remediation at the four sites, a binding third-party review of remedial funding sources that could increase those funds (including at Parlin, for which DuPont is the primary responsible party), and a $475 millionb Reserve Fund to be established by DuPont and Corteva as secondary financial security. Separately, contingent on court approval, DuPont and Corteva will buy Chemours' interest in future PFAS insurance proceeds by contributing $150 million into an escrow fund, of which DuPont's share is $106.5 million. DuPont's 2025 PFAS MOU escrow funding obligation is suspended until the first settlement payment.
02—Key points
Key Highlights
- Proposed Judicial Consent Order with the State of New Jersey resolves state claims on legacy substances including DNAPL, chemical solvents and PFAS, subject to public comment and Court approval.
- Aggregate cash payment to New Jersey of $875 million, payable over 25 years; DuPont's share is estimated at $311 million on a net present value basis at an 8 percent discount rate.
- DuPont recorded a pre-tax charge of $177 million within discontinued operations in the second quarter of 2025.
- First annual payment is due within 30 days after the Court enters the order, but no earlier than January 31, 2026; DuPont intends to use $35 million from the MOU Escrow Account for it.
- DuPont is the primary responsible party for the Parlin site; a binding third-party review of remedial funding sources could require increases, which could change future environmental reserve estimates.
- DuPont and Corteva will establish a $475 million Reserve Fund as secondary financial security, accessible only if a site's remedial funding source is exhausted and the responsible party is not performing.
- Contingent on Court approval, DuPont and Corteva will contribute $150 million to an escrow fund ($106.5 million from DuPont) to acquire Chemours' rights to future PFAS insurance proceeds, and DuPont's 2025 PFAS MOU escrow obligation is suspended until the first settlement payment.
03—Questions
Frequently Asked Questions
How much will DuPont pay under the New Jersey settlement?
The aggregate settlement is an $875 million cash payment to the State of New Jersey, payable over 25 years. The filing estimates DuPont's share at $311 million, measured at net present value using an 8 percent discount rate, and DuPont recorded a $177 million pre-tax charge in the second quarter of 2025 within discontinued operations.
When will the first payment be made?
The first scheduled annual payment is due within 30 days after the Court enters the Judicial Consent Order, but no earlier than January 31, 2026. DuPont intends to use $35 million within the MOU Escrow Account for that first payment.
Does the settlement admit wrongdoing or affect future environmental costs?
The settlement states that the companies do not admit liability or wrongdoing and do not waive defenses. However, it requires continued remediation at the four sites, and a third-party review of remedial funding sources could lead to additional remediation and higher funding requirements, including at Parlin, which could change future environmental reserve estimates.
What is the Reserve Fund and when can it be used?
DuPont and Corteva will establish a $475 million Reserve Fund, funded by surety bond or similar instrument under the 2019 Letter Agreement sharing percentages. It is secondary to site remedial funding sources and can be accessed only if a site's funding source has been exhausted and the responsible party is not performing the required remediation.
What does the PFAS insurance purchase involve?
Contingent on Court approval, DuPont and Corteva will contribute $150 million to an escrow fund ($106.5 million from DuPont and $43.5 million from Corteva) to be applied to Chemours' share of the settlement. In exchange, Chemours assigns its rights to $150 million of PFAS-related insurance proceeds plus a fee, after which Chemours receives its 50% share of any further recoveries.
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