Brian Barton
DuPont is one of the largest chemical companies in the world, and has been exposed for its involvement in a decades-long cover-up of toxic pollution. The company has been the subject of numerous lawsuits, with people who worked in the factory, families living in the local area, and communities living downstream affected by water pollution, all claiming to have illnesses linked to PFOA pollution. DuPont has been accused of contaminating drinking water for an estimated 200 million-plus Americans, with very small doses of PFOA linked to kidney and testicular cancer, thyroid issues, high cholesterol, reproductive and developmental harms, and reduced effectiveness of vaccines.
| Characteristics | Values |
|---|---|
| How was DuPont pollution discovered? | A cattle farmer, Wilbur Tennant, noticed his cows were dying and believed it was due to DuPont's chemical plant near Parkersburg, West Virginia. |
| Who helped expose DuPont's pollution? | Rob Bilott, an environmental lawyer, took on the case and exposed DuPont's decades-long history of chemical pollution and cover-up. |
| What is the chemical involved? | Perfluorooctanoic acid (PFOA), a type of PFAS or forever chemical, which has been linked to various health issues, including cancer and birth defects. |
| What are the legal consequences? | Multiple lawsuits have been filed against DuPont, resulting in settlements and fines. DuPont has also spun off liabilities to smaller firms, raising concerns about accountability and effective remedies. |
| What is the impact on the environment and communities? | PFAS chemicals have contaminated drinking water for millions of Americans and caused extensive environmental contamination, affecting communities' access to clean and safe water. |
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What You'll Learn
DuPont's pollution of the Delaware River
The DuPont chemical company has a long history of chemical pollution, including the pollution of the Delaware River. In 2012, the Delaware River was ranked as the fifth most polluted river in the United States. In 2010 alone, 6.7 million pounds of toxic chemicals were released into the river, with most of the pollution coming from the DuPont Chambers Works in Salem County, New Jersey.
DuPont has manufactured PFAS-type chemicals, also known as "forever chemicals", in a plant close to the Delaware River. PFAS chemicals are linked to various health issues, including cancer, thyroid problems, high cholesterol, reproductive and developmental issues, and reduced effectiveness of vaccines. PFAS have been detected in all three Delaware counties and in the Delaware River and Bay. DuPont has been accused of transferring its chemical business to smaller firms, such as Chemours, to avoid liability for pollution caused by PFAS.
In addition to PFAS pollution, DuPont has also been implicated in the pollution of the Delaware River through the discharge of other toxic substances. In 2021, the State of Delaware reached a $50 million settlement with DuPont, Chemours, and Corteva over water pollution and contamination from PFAS. The settlement money will be used to fund remediation efforts, such as filtration systems for contaminated water.
Efforts to hold DuPont accountable for its pollution of the Delaware River have been ongoing. In addition to the $50 million settlement, Delaware's investigation into PFAS pollution is expected to result in additional recoveries from other parties or enforcement actions. DuPont has also faced lawsuits from individuals who have suffered health issues believed to be caused by exposure to PFAS-contaminated water.
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Rob Bilott's environmental lawsuit against DuPont
Robert Bilott, an American environmental attorney from Cincinnati, Ohio, is known for his lawsuits against DuPont on behalf of plaintiffs injured by chemical waste dumped in rural communities in West Virginia.
In 1998, Bilott, a former corporate defense attorney, took on an environmental lawsuit that would expose a decades-long history of chemical pollution by DuPont. He received a call from a cattle farmer, Wilbur Tennant of Parkersburg, West Virginia, who believed that the DuPont chemical company was responsible for the deaths of his cows. Tennant had tried to seek help locally but had been spurned. As a favour to his grandmother, who knew Tennant, Bilott agreed to meet the farmer.
Bilott discovered that thousands of tons of DuPont's perfluorooctanoic acid (PFOA) had been dumped into a landfill next to the Tennants' property, contaminating the surrounding community's water supply. In August 2001, he filed a class-action lawsuit against DuPont on behalf of approximately 70,000 people in West Virginia and Ohio with PFOA-contaminated water supplies. DuPont settled the Tennants' case. However, tens of thousands of people in the affected districts agreed to have their blood tested for the presence of PFOA, and the results showed a probable link between drinking PFOA and various health issues, including kidney cancer, testicular cancer, thyroid disease, and high cholesterol.
In response to these findings, Bilott began opening individual personal injury lawsuits against DuPont on behalf of affected users of the Ohio and West Virginia water supplies. After losing the first three cases, DuPont agreed to settle the remainder of the pending cases for millions of dollars in damages. Bilott has also been part of legal teams that settled PFAS claims against DuPont-related companies and has helped recover millions of dollars in individual damages compensation for those injured by drinking water contamination.
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DuPont's pollution of the Cape Fear River
DuPont's pollution of North Carolina's Cape Fear River has been the source of a public health crisis and environmental disaster. For decades, DuPont dumped toxic PFAS chemicals, including GenX, into the Cape Fear River, contaminating the drinking water supply for up to half a million people.
The Cape Fear River provides drinking water for communities in Wilmington and across eight counties in North Carolina, including New Hanover, Pender, Brunswick, Sampson, Cumberland, Bladen, Robeson, and Columbus. In 2017, the Wilmington Star-News broke the story that a toxic chemical, GenX, was found in the Cape Fear River. It was later discovered that the Fayetteville Works plant, owned by DuPont until 2015, had been discharging GenX into the waterway for nearly 40 years.
GenX is a toxic chemical used to make nonstick products. PFAS chemicals, including GenX, are byproducts of the production of Vinyl Ethers, which have been in production since 1980. DuPont also used PFAS in the manufacturing of Teflon. The EPA and other regulators have struggled to keep up with the thousands of PFAS chemicals in circulation, as companies continuously create new versions with minor variations.
The contamination of the Cape Fear River has had severe health consequences for the local community. Tom Kennedy, a resident of Wilmington, was diagnosed with stage 2 breast cancer and underwent chemotherapy and radiation treatment. During his treatment, Kennedy learned that the cancer had metastasized to his brain, and he was reclassified as a stage 4 terminal patient with 6 to 12 months to live. Kennedy's family and approximately 350,000 other North Carolinians continue to rely on the Cape Fear River watershed for their drinking water, which remains contaminated.
Community groups, environmental organizations, and legal entities have mobilized to address the pollution and seek justice. Cape Fear River Watch, a nonprofit organization, sued the NC Department of Environmental Quality (DEQ) and Chemours for violations of the Clean Water Act and the Toxic Substances Control Act. A federal judge granted class certification to over 100,000 North Carolina residents who allege that Chemours and DuPont illegally discharged toxic wastewater and failed to inform the public and government officials about the damaging impacts of their actions. The UN Human Rights Council has also formally condemned DuPont and Chemours for violating the rights and well-being of residents along the Cape Fear River.
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DuPont's toxic PFAS and PFOA chemicals
DuPont, which once manufactured toxic "forever chemicals" known as PFAS, has been at the centre of numerous controversies and lawsuits regarding its pollution of the environment and the health issues caused by its products. PFAS, or PFOA, is the most notorious of the thousands of fluorinated chemicals, which have contaminated drinking water for over 200 million Americans.
PFAS has been linked to various health issues, including kidney and testicular cancer, thyroid issues, high cholesterol, reproductive and developmental harm, and reduced vaccine effectiveness. These chemicals, which do not break down easily in the body or the environment, have been found in products such as Teflon pans, stain-resistant carpets, and even cosmetics.
Internal DuPont documents from as early as 1961 revealed that the company was aware of the toxicity of PFAS. A 1961 study found that Teflon exposure led to liver enlargement in rats, and a 1970 study found that PFOA and PFOS could be "highly toxic when inhaled and moderately toxic when ingested." Despite this knowledge, DuPont did not inform the public or local communities about the risks associated with their products.
DuPont has faced numerous lawsuits from consumers and has paid at least $400 million in settlements so far. However, the company has spun off its liabilities to smaller firms, which may struggle to pay out in future lawsuits. DuPont has also been accused of fraudulent transfers of its chemical business to insulate itself from billions of dollars in pollution liabilities.
DuPont claims that it no longer manufactures PFOA and PFOS and that its use of PFAS is limited and managed as a Substance of Concern. The company states that it is pursuing alternatives to PFAS and has rigorous systems in place to ensure the safe use and control of PFAS in its operations. However, the company continues to face scrutiny and public concern regarding its handling of these toxic chemicals.
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DuPont's pollution of water in Ohio and West Virginia
DuPont has a long history of chemical pollution, particularly in West Virginia and Ohio. In the 1980s, DuPont dumped 7,100 tons of PFOA-laced sludge into Dry Run Creek in Parkersburg, West Virginia. This creek soon turned black, began to foam, and emitted a foul odour. Despite finding levels of PFOA in the creek that were 80 times higher than their own internal safety limit, DuPont did not report this to the EPA.
DuPont also released PFOA sludge and powder from its Parkersburg facility into the Ohio River, as well as C8-laced vapours from its smokestacks. In 1984, DuPont staffers collected local tap water from areas as far as 79 miles downriver from the Parkersburg plant, and samples confirmed that C8 was present in the public drinking water of both Ohio and West Virginia at potentially dangerous levels.
In 2001, it was revealed that PFOA had contaminated the drinking water for 70,000 people near a DuPont factory in West Virginia. This toxic compound, used to make Teflon, had been discharged into the water supply. As a result, the Environmental Protection Agency pressured DuPont and other companies to phase out PFOA, agreeing to stop using it after 2015.
PFAS chemicals, also known as "forever chemicals", have been linked to various health issues, including cancer, thyroid issues, high cholesterol, reproductive and developmental harms, and reduced effectiveness of vaccines. Despite this knowledge, DuPont has attempted to avoid liability for the harm caused by these chemicals by spinning off its chemical business to smaller firms that would struggle to pay out in lawsuits.
DuPont's actions have had devastating consequences for the environment and public health, and the company has been criticised for its lack of accountability and transparency.
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Frequently asked questions
DuPont, one of the world's largest chemical companies, has been accused of polluting communities with toxic ""forever chemicals" known as PFAS. These chemicals have contaminated drinking water for an estimated 200 million Americans and have been linked to various health issues, including cancer, thyroid issues, and birth defects.
The pollution was discovered when a cattle farmer named Wilbur Tennant noticed his cows were dying and believed that DuPont, which operated a nearby site, was responsible. Tennant sought legal help from Rob Bilott, an environmental lawyer, who took on the case and exposed DuPont's decades-long history of chemical pollution.
The pollution has had a significant impact on the health of individuals exposed to the toxic chemicals, with people suffering from various illnesses and diseases linked to PFAS pollution. There have been numerous lawsuits filed against DuPont, with the company agreeing to provide funds for medical monitoring in some cases. The pollution has also led to concerns about the lack of regulatory oversight of chemical companies and the potential global impact of PFAS chemicals.
