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Posts Tagged ‘GenX’

Judge Allows North Carolina GenX Class Action to Proceedby Andrew Whiteman

In a ruling filed on April 19, 2019, Judge James C. Dever III ruled that the plaintiffs may proceed with their class action lawsuit against E.I. DuPont de Nemours and Company (“DuPont”) and The Chemours Company FC, LLC (“Chemours”). The case is pending in the United States District Court for the Eastern District of North Carolina. In the lawsuit, the plaintiffs alleged that DuPont and Chemours discharged toxic chemicals, including GenX, from their Fayetteville Works plant into the Cape Fear River and surrounding air, soil, and groundwater. On March 2, 2018, the defendants moved to dismiss plaintiffs’ consolidated class action complaint. In the recent ruling, the Court granted the defendants’ motion in part and denied it in part. The Court ruled that the plaintiffs were entitled to proceed on their claims of negligence, gross negligence, private nuisance, and trespass to real property. The Court dismissed plaintiffs’ claims of negligence per se, public nuisance, and unjust enrichment. The Court also granted the defendant’s motion to dismiss plaintiffs’ request for injunctive relieve concerning medical monitoring, but allowed plaintiffs to proceed on their claims for damages for future medical expenses.

Judge Dever’s order may be found here.

For a news story concerning the ruling and comments by lead attorney Ted Leopold, click here.

A status conference in the cases is scheduled for April 25, 2019.

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Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

Please contact us for more information.

 

North Carolina Issues Air Permit for Chemours to Install Thermal Oxidizer to Reduce PFAS Emissionsby Andrew Whiteman

On March 14, 2019, The North Carolina Department of Environmental Quality’s Division of Air Quality (“DAQ”) issued a permit to The Chemours Company FC, LLC (“Chemours”) for the installation and operation of a thermal oxidizer/scrubber system to reduce air emissions of PFAS and GenX at Chemours’ Fayetteville Works facility. The permit incorporates the requirements of the consent order agreed to by DAQ and Chemours and approved by Judge Douglas B. Sasser in Bladen County Superior Court on February 25, 2019. The permit and requires Chemours to install the thermal oxidizer by December 31, 2019 and reduce all PFAS emissions by 99%.

The permit requires the installation of the thermal oxidizer/scrubber system and the continued operation of the two carbon absorbers installed in May of 2018. Initial testing is required within 90 days of installation to confirm the 99% emission reduction. Continuous monitoring systems and annual testing are required to verify compliance with the permit conditions. The permit also requires the facility to operate under an Enhanced Leak Detection and Repair program.

The final permit and related documents can be found on DAQ’s website.

 

 

GenX – EPA cites Chemours for Violating the Toxic Substances Control Act.by Andrew Whiteman

GenX – EPA cites Chemours for Violating the Toxic Substances Control Act

A recent notice of violations issued by the United States Environmental Protection Agency alleges that The Chemours Company failed to disclose its use of toxic chemicals at plants located in North Carolina and West Virginia.

On February 13, 2019, the EPA cited Chemours for violating Sections 5 and 8 of the Toxic Substances Control Act (“TSCA”). The alleged violations occurred at Chemours’ Fayetteville Works facility located near Fayetteville, North Carolina, and its Washington Works facility near Parkersburg, West Virginia.

The notice of violations alleged that Chemours committed the following violations: (1) Chemours failed to submit to the EPA a Pre-Manufacture Notice prior to manufacturing or importing a new chemical substance; (2) Chemours failed to comply with the applicable Significant New Use Rules (“SNUR”) and failed to submit a Significant New Use Notice (“SNUN”) to the EPA; (3) Chemours failed to comply with a TSCA Section 5(e) order; and (4) Chemours failed to comply with TSCA Section 8 and the Chemical Data Reporting rule by failing to meet reporting and record-keeping requirements.

Chemours failed to give required notices for several chemicals including HFPO, a chemical used to make the compound GenX. The EPA classifies GenX as an “emerging contaminant” on the basis of animal studies that show oral exposure to GenX may affect the kidneys, blood, immune system, and liver and developing fetuses. The EPA also cited Chemours for violating a 2009 agreement with the regulator that would have prevented 99 percent of the chemical from entering the water and air.

The EPA gave Chemours 14 days to respond to the notice of violations.

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Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

Please contact us for more information.

 

Andrew Whiteman participates in public meeting on GenX contamination of Cape Fear Riverby Andrew Whiteman

On December 4, 2018, Andrew Whiteman participated in a public meeting held at Cape Fear Community College in Wilmington, North Carolina. The purpose of the meeting was to discuss the status of the latest scientific research into the toxicity of chemicals found in in the Cape Fear River, the recent regulatory settlement between the North Carolina Department of Environmental Quality and Chemours, and the ongoing litigation brought by class action plaintiffs and water utilities against DuPont and Chemours. Presentations were made by Larry Cahoon, a University of North Carolina at Wilmington biology professor, and Ted Leopold, an attorney with Cohen Milstein Sellers & Toll, co-lead counsel for the class. Introductory remarks were provided by Andy McGlinn of the Cape Fear Sierra Club.

See the StarNews report of the meeting.

Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

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