On September 2, the DEP and the NJ Spill Compensation Fund agreed to a settlement with DuPont, et al. to resolve pending litigation involving discharges of PFAS in the State. The DEP published a Notice to Receive Interested Party Comments on the Proposed Judicial Consent Order (JCO) approving a settlement with EIDP, Inc. (formerly known as E.I. du Pont de Nemours and Company), Corteva, Inc., DuPont de Nemours, Inc., DuPont Specialty Products, USA, LLC, The Chemours Company, and the Chemours Company FC, LLC. The NJDEP also published a Notice of Withdrawal of Discretionary Oversight in the Matter of NJDEP, et al. v. E.I. Du Pont de Nemours and Company, et al., Case No.: 1:19-CV-14766-RMB-JBC (D.N.J.).
The JCO would resolve certain claims against these companies in pending litigation for past and future cleanup and removal costs, unmet remediation obligations, and injuries to natural resources resulting from discharges at, from, and/or related to the following properties:
- “Chambers Works Property,” 67 Canal Road and Route 130, Pennsville and Carney’s
- Point Townships, Salem County
- “Parlin Property,” 250 Cheesequake Road, Parlin, Old Bridge Township, and Sayreville Borough, Middlesex County.“ Pompton Lakes Works Property,” 2000 Cannonball Road, Pompton Lakes/Wanaque Borough, Passaic County
- “Repauno Works Property,” 200 North Repauno Avenue, Gibbstown, Greenwich Township, Gloucester County
- All properties listed in the Statewide Directive, and broadly related to the Settling Defendants’ sale, marketing, distribution, use of, and/or any other conduct related to per- or polyfluoroalkyl substances (PFAS) in or into the State prior to entry of the proposed JCO or January 1, 2026, whichever is later.
The JCO will also result in binding final judgment of the above extensions of the State including the DEP and Commissioner of the DEP, the NJ Division of Consumer Affairs and its Directors, the Attorney General on behalf of the State of New Jersey, all of the State’s political subdivisions, departments, agencies, authorities, divisions, boards, commissions, districts, and instrumentalities of any kind, as well as any person or entity acting or purporting to act on behalf of the general public. The JOC will preclude future claims related to the Settling Defendants’ conduct regarding PFAS.
The DEP also entered into a settlement agreement with 3M Company (3M) arising out of the same incident, in which a notice of the proposed JCO was published on July 21, 2025. The U.S. District Court of New Jersey has directed the DEP to file its motion to approve the DuPont settlement by November 21.
Requests to extend the 60-day comment period for the 3M Notice of Proposed JCO have been declined. Comments on the 3M Proposed JCO may be submitted until September 19, on the DEP’s site, by email, or by mailing to the NJDEP.
Comments on the DuPont Proposed JCO may be submitted on the DEP’s site, by email, or in hard-copy form to the DEP. Comments must be submitted by November 1.
The League is considering its response options.
Contacts: Mike Cerra, Executive Director, mcerra@njlm.org, 609-695-3481, x120, Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110, or Sadayah Q. DuRant-Brown, Legislative Counsel, sdurantbrown@njlm.org, 609-695-3481, x137.