The State of North Carolina has sued DuPont and two affiliated companies, EIDP, Inc. and Chemours Co., for the alleged contamination of North Carolina’s natural resources due to the Defendants’ operations at a chemical manufacturing facility known as Fayetteville Works. The State of North Carolina maintains that the Defendants use of per- and polyfluoroalkyl substances (“PFAS”) has caused this contamination. PFAS are chemicals known to resist biodegradation and to persist and accumulate in humans and the environment.

Specifically, the State brought this lawsuit in its capacity to protect the health, safety, security, and well-being of its residents and natural resources; but also, in its capacity as an owner of real property.

However, the Defendants, Chemours Co. and EIDP Inc., recently filed a motion for partial summary judgment on most of the State’s tort claims, arguing that only property owners, not the State, have standing to sue for contamination of personal property and water on, in, or below their property. Additionally, the Defendants’ summary judgment motion asserted that the State of North Carolina knew about the PFAS release from the manufacturing facility for decades. Indeed, the Defendants argued that they provided the State with reports on the PFAS discharges and offered to provide the State with any information they had on the PFAS discharges.

The North Carolina Business Court has not yet issued an order on the motion.