DuPont, Chemours Postpone Lawsuit Over New York Drinking Water Chemicals

A logo is pictured outside Dupont’s offices in Geneva, Switzerland, April 15, 2021. REUTERS / Denis Balibouse

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  • Complaint to cover the costs of removing PFAS from drinking water
  • Complainant Suez Water May File Amended Complaint

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(Reuters) – A federal judge on Tuesday fired a lawsuit that asked chemical makers to pay to filter toxic substances in New York City drinking water plants.

U.S. District Judge Lewis Liman in Manhattan rejected claims by water management company Suez Water New York Inc that EI Du Pont de Nemours and Co and three related companies should pay for upgrades to five treatment plants of waters in southern New York due to company claims of a role in the pollution of state waters with perfluoroalkyl and polyfluoroalkyl substances (PFAS).

PFAS have been used for decades in the manufacture of non-stick coatings such as Teflon. Scientists have linked some PFAS to diseases such as kidney cancer.

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Suez Water New York sued EI Du Pont de Nemours and Co, DuPont de Nemours Inc, Corteva Inc and The Chemours Co in 2020. It sought to hold companies accountable for the costs of installing and operating expensive filter systems in New York factories. he works.

The filters are needed to reduce the levels of PFAS in water treated by plants to levels set by New York City last year, according to the lawsuit. The factories serve about 500,000 customers in Orange, Putnam, Rockland, Tioga and Westchester counties, according to Suez.

The complaint alleged that EI du Pont de Nemours and Chemours manufactured and sold the chemicals in New York City, where they were leaking from landfills to state watersheds. Corteva, now the parent company of EI du Pont de Nemours, is a spin-off of DowDuPont, now dissolved. DowDuPont is now known as DuPont.

On Tuesday, Liman disagreed with Suez that he could exercise jurisdiction over Corteva and DuPont as successors to the makers of PFAS. He also rejected the claims against EI du Pont de Nemours and Chemours for lack of precision and for other reasons.

Suez may file a new complaint against the EI du Pont de Nemours and Chemours, Liman said. Suez spokesman Richard Henning said the company plans to do so.

Corteva said she was happy with the decision. Chemours and DuPont did not immediately respond to requests for comment.

The case is Suez Water New York Inc v. EI DuPont De Nemours and Co, United States District Court for the Southern District of New York, No. 1: 20-cv-10731.

For Suez Water: Christopher Kelleher of Troutman Pepper Hamilton Sanders

For EI Du Pont de Nemours and Chemours: Lanny Kurzweil from McCarter & English

For DuPont de Nemours Inc and Corteva: Justin Lamson of Ballard Spahr

Read more:

Biden administration set to cut toxic ‘forever chemicals’

EPA proposes the first PFAS limits in wastewater

Maine bans PFAS in products with pioneering law

3M Agrees to Pay $ 98 Million to Resolve ‘Forever’ Chemical Litigation

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