WILMINGTON, Del.--(BUSINESS WIRE)--The
Chemours Company (NYSE: CC), DuPont de Nemours, Inc. (NYSE: DD) and
Corteva, Inc. (NYSE: CTVA) (the “companies”) today announced they have
reached an agreement in principle to comprehensively resolve all
PFAS-related drinking water claims of a defined class of public water
systems that serve the vast majority of the United States population.
The class includes water systems with a current detection of PFAS1 at any level and those that are currently required to monitor for the presence of PFAS under EPA monitoring rules2
or other applicable laws. This includes but is not limited to systems
in the South Carolina aqueous film-forming foam multi-district
litigation (“AFFF MDL”).
The companies will collectively establish and contribute a total of
$1.185 billion to a settlement fund (“water district settlement fund”).
Contribution rates will be consistent with the binding Memorandum of
Understanding between the companies reached in January 2021, with
Chemours contributing 50 percent (about $592 million), and DuPont (about
$400 million) and Corteva (about $193 million) collectively
contributing the remaining 50 percent. The settlement amounts will be
funded by the companies in full and deposited into the water district
settlement fund within ten business days following preliminary approval
of the settlement by the Court.
Upon finalization of a definitive agreement, expected within the second
quarter of 2023, the settlement will be subject to approval by the
United States District Court for the District of South Carolina. As part
of the approval process, the Court will establish a timetable for
notice to class members, hearings on approval, and for class members to
opt out of the settlement. The companies will have the right to
terminate the settlement if opt-outs exceed specified levels.
The following systems are excluded from the settlement class: water
systems owned and operated by a State or the United States government;
small systems that have not detected the presence of PFAS and are not
currently required to monitor for it under federal or state
requirements; and water systems in the lower Cape Fear River Basin of
North Carolina (which are included only if they so request).
If a settlement cannot be finalized and approved and plaintiffs elect to
pursue their claims in court, the companies will continue to assert
their strong legal defenses in pending litigation. The companies deny
the allegations in the underlying litigation and reserve all legal and
factual defenses against such claims if they were litigated to
conclusion.
Additional information in the form of a question and answer addendum is
located on the respective investors section of Chemours', DuPont's and
Corteva's websites.
About The Chemours Company
The Chemours Company (NYSE: CC) is a global leader in Titanium
Technologies, Thermal & Specialized Solutions, and Advanced
Performance Materials providing its customers with solutions in a wide
range of industries with market-defining products, application expertise
and chemistry-based innovations. We deliver customized solutions with a
wide range of industrial and specialty chemicals products for markets,
including coatings, plastics, refrigeration and air conditioning,
transportation, semiconductor and consumer electronics, general
industrial, and oil and gas. The company has approximately 6,600
employees and 29 manufacturing sites serving approximately 2,900
customers in approximately 120 countries. Chemours is headquartered in
Wilmington, Delaware and is listed on the NYSE under the symbol CC.
For more information, we invite you to visit investors.chemours.com or follow us on Twitter @Chemours or LinkedIn.
About DuPont
DuPont (NYSE: DD) is a global innovation leader with technology-based
materials and solutions that help transform industries and everyday
life. Our employees apply diverse science and expertise to help
customers advance their best ideas and deliver essential innovations in
key markets including electronics, transportation, construction, water,
healthcare and worker safety. More information about the company, its
businesses and solutions can be found at www.dupont.com. Investors can access information included on the Investor Relations section of the website at investors.dupont.com.
DuPont™, the DuPont Oval Logo, and all trademarks and service marks denoted with ™, SM or ® are owned by affiliates of DuPont de Nemours, Inc. unless otherwise noted.
About Corteva
Corteva, Inc. (NYSE: CTVA) is a publicly traded, global pure-play
agriculture company that combines industry-leading innovation,
high-touch customer engagement and operational execution to profitably
deliver solutions for the world’s most pressing agriculture challenges.
Corteva generates advantaged market preference through its unique
distribution strategy, together with its balanced and globally diverse
mix of seed, crop protection, and digital products and services. With
some of the most recognized brands in agriculture and a technology
pipeline well positioned to drive growth, the company is committed to
maximizing productivity for farmers, while working with stakeholders
throughout the food system as it fulfills its promise to enrich the
lives of those who produce and those who consume, ensuring progress for
generations to come. More information can be found at www.corteva.com.
Follow Corteva on Facebook, Instagram, LinkedIn, Twitter, and YouTube.
Forward-Looking Statements
This communication contains “forward-looking statements” within the
meaning of the federal securities laws, including Section 27A of the
Securities Act, and Section 21E of the Securities Exchange Act of 1934,
as amended (the “Exchange Act”). Forward-looking statements are based on
certain assumptions and expectations of future events that may not be
accurate or realized and often contain words such as “expect,”
“anticipate,” “intend,” “plan,” “believe,” “seek,” “see,” “will,”
“would,” “estimate”, “target,” similar expressions, and variations or
negatives of these words. Forward-looking statements by their nature
address matters that are, to different degrees, uncertain, such as
statements about the settlement with plaintiff water utilities
concerning PFAS liabilities. Factors that could cause or contribute to
these differences include, but are not limited to: the achievement,
terms and conditions of a final settlement; the outcome of any pending
or future litigation related to PFAS or PFOA, including personal injury
claims and natural resource damages claims; the extent and cost of
ongoing remediation obligations and potential future remediation
obligations; changes in laws and regulations applicable to PFAS
chemicals; the level of opt-out exclusions from the settlement. Unlisted
factors may present significant additional obstacles to the realization
of forward-looking statements. Further lists and descriptions of risks
and uncertainties can be found in each of Chemours’, DuPont’s and
Corteva’s respective annual report on Form 10-K for the year ended
December 31, 2022, and each of Chemours’, DuPont’s and Corteva’s
respective subsequent reports on Form 10-Q, Form 10-K and Form 8-K, the
contents of which are not incorporated by reference into, nor do they
form part of, this announcement. Consequences of material differences in
results as compared with those anticipated in the forward-looking
statements could include, among other things, business disruption,
operational problems, financial loss, legal liability to third parties
and similar risks, any of which could have a material adverse effect on
each of Chemours’, DuPont’s or Corteva’s respective consolidated
financial condition, results of operations, credit rating or liquidity.
None of Chemours, DuPont or Corteva assumes any obligation to publicly
provide revisions or updates to any forward-looking statements, whether
as a result of new information, future developments or otherwise, should
circumstances change, except as otherwise required by securities and
other applicable laws.
1 PFAS, as defined in this settlement, includes PFOA and HFPO-DA among a broad range of fluorinated organic substances.
2 The class is composed of all Public Water Systems, as
defined in 42 U.S.C § 300f, with a current detection of PFAS or that are
currently required to monitor for PFAS under the EPA’s Fifth
Unregulated Contaminant Monitoring Rule (“UCMR 5”) or other applicable
federal or state law. Approximately 88 percent of the U.S. is served by
systems required to test under UCMR 5.