Attorneys allege Chemours, DuPont are “playing fast and loose with the law and the truth.”
Lawyers in a class action lawsuit against Chemours and DuPont on Friday claimed the chemical companies “are once again playing fast and loose with the law and the truth” in a response to their motion to dismiss a class action lawsuit centered around the chemical GenX and others like it.
“The issues they have raised are deficient in many different ways, which are addressed in our papers. They attack our complaint on several different aspects, all of which we don’t believe are supported in the law, and that’s what we address,” said Ted Leopold, the lead attorney for the plaintiffs.
At this point, the class action suit is moving forward as expected, said Leopold, the plaintiffs’ attorney.
“It’s all part of preliminary jockeying, if you will,” Leopold said.
Another ongoing debate in the case is whether the plaintiff will be able to sample wastewater from Chemours to determine what chemicals have historically been discharged there. In late November, with a deadline looming, Chemours agreed to cease all GenX and Nafion wastewater discharges.
“We want to be able to test the chemicals before they are dispersed into the waterway so we have an understanding of the exact type of chemicals that are being emitted into the Cape Fear River before they are diluted,” Leopold said. “They are fighting us tooth and nail on that. ... We think it’s much more than just GenX at this point.”
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