August 26, 2026
Chemours and E. I. duPont de Nemours & Co. are liable for releasing PFAS that contaminated properties owned by certain North Carolina residents, a federal court ruled, but whether the plaintiffs’ class certification will stand remains to be determined.
In an Aug. 24 order, Judge James C. Dever III of the US District Court for the Eastern District of North Carolina granted the residents’ motion for partial summary judgment on trespass liability against E.I. Du Pont de Nemours and Co., now known as EIDP Inc., and the Chemours Co. FC LLC.
“That plaintiffs (including the class representatives) owned or rented property which defendants intentionally contaminated with PFAS from Fayetteville Works between February 1, 2015, and the present entitles them to partial summary judgment on trespass liability,” Dever wrote.
EIDP originally owned the Fayetteville Works factory, which is now owned by Chemours and located near Fayetteville, N.C.
The case is not finished, however.
The court has yet to rule on a summary judgment motion from Chemours and EIDP, which asserts plaintiffs lack evidence to prove their claim that per- and polyfluoroalkyl substances (PFAS) on their properties damaged pipes, water heaters, and other equipment. If the court doesn’t grant summary judgment in the companies’ favor, the class should be decertified so class members would have to prove their own claims individually, the companies’ motion said.
A trial in the case is scheduled for March 4, 2027.
Read Chemours, DuPont Liable of Trespass in PFAS Case Headed to Trial.