The Chemours Company (NYSE: CC), DuPont de Nemours, Inc. (NYSE:
DD) and Corteva, Inc. (NYSE: CTVA) (the “companies”) today
announced they have reached an agreement in principle to
comprehensively resolve all PFAS-related drinking water claims of a
defined class of public water systems that serve the vast majority
of the United States population.
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The class includes water systems with a current detection of
PFAS1 at any level and those that are currently required to monitor
for the presence of PFAS under EPA monitoring rules2 or other
applicable laws. This includes but is not limited to systems in the
South Carolina aqueous film-forming foam multi-district litigation
(“AFFF MDL”).
The companies will collectively establish and contribute a total
of $1.185 billion to a settlement fund (“water district settlement
fund”). Contribution rates will be consistent with the binding
Memorandum of Understanding between the companies reached in
January 2021, with Chemours contributing 50 percent (about $592
million), and DuPont (about $400 million) and Corteva (about $193
million) collectively contributing the remaining 50 percent. The
settlement amounts will be funded by the companies in full and
deposited into the water district settlement fund within ten
business days following preliminary approval of the settlement by
the Court.
Upon finalization of a definitive agreement, expected within the
second quarter of 2023, the settlement will be subject to approval
by the United States District Court for the District of South
Carolina. As part of the approval process, the Court will establish
a timetable for notice to class members, hearings on approval, and
for class members to opt out of the settlement. The companies will
have the right to terminate the settlement if opt-outs exceed
specified levels.
The following systems are excluded from the settlement class:
water systems owned and operated by a State or the United States
government; small systems that have not detected the presence of
PFAS and are not currently required to monitor for it under federal
or state requirements; and water systems in the lower Cape Fear
River Basin of North Carolina (which are included only if they so
request).
If a settlement cannot be finalized and approved and plaintiffs
elect to pursue their claims in court, the companies will continue
to assert their strong legal defenses in pending litigation. The
companies deny the allegations in the underlying litigation and
reserve all legal and factual defenses against such claims if they
were litigated to conclusion.
Additional information in the form of a question and answer
addendum is located on the respective investors section of
Chemours', DuPont's and Corteva's websites.
About The Chemours Company
The Chemours Company (NYSE: CC) is a global leader in Titanium
Technologies, Thermal & Specialized Solutions, and Advanced
Performance Materials providing its customers with solutions in a
wide range of industries with market-defining products, application
expertise and chemistry-based innovations. We deliver customized
solutions with a wide range of industrial and specialty chemicals
products for markets, including coatings, plastics, refrigeration
and air conditioning, transportation, semiconductor and consumer
electronics, general industrial, and oil and gas. The company has
approximately 6,600 employees and 29 manufacturing sites serving
approximately 2,900 customers in approximately 120 countries.
Chemours is headquartered in Wilmington, Delaware and is listed on
the NYSE under the symbol CC.
For more information, we invite you to visit
investors.chemours.com or follow us on Twitter @Chemours or
LinkedIn.
About DuPont
DuPont (NYSE: DD) is a global innovation leader with
technology-based materials and solutions that help transform
industries and everyday life. Our employees apply diverse science
and expertise to help customers advance their best ideas and
deliver essential innovations in key markets including electronics,
transportation, construction, water, healthcare and worker safety.
More information about the company, its businesses and solutions
can be found at www.dupont.com. Investors can access information
included on the Investor Relations section of the website at
investors.dupont.com.
DuPont™, the DuPont Oval Logo, and all trademarks and service
marks denoted with ™, SM or ® are owned by affiliates of DuPont de
Nemours, Inc. unless otherwise noted.
About Corteva
Corteva, Inc. (NYSE: CTVA) is a publicly traded, global
pure-play agriculture company that combines industry-leading
innovation, high-touch customer engagement and operational
execution to profitably deliver solutions for the world’s most
pressing agriculture challenges. Corteva generates advantaged
market preference through its unique distribution strategy,
together with its balanced and globally diverse mix of seed, crop
protection, and digital products and services. With some of the
most recognized brands in agriculture and a technology pipeline
well positioned to drive growth, the company is committed to
maximizing productivity for farmers, while working with
stakeholders throughout the food system as it fulfills its promise
to enrich the lives of those who produce and those who consume,
ensuring progress for generations to come. More information can be
found at www.corteva.com.
Follow Corteva on Facebook, Instagram, LinkedIn, Twitter, and
YouTube.
Forward-Looking Statements
This communication contains “forward-looking statements” within
the meaning of the federal securities laws, including Section 27A
of the Securities Act, and Section 21E of the Securities Exchange
Act of 1934, as amended (the “Exchange Act”). Forward-looking
statements are based on certain assumptions and expectations of
future events that may not be accurate or realized and often
contain words such as “expect,” “anticipate,” “intend,” “plan,”
“believe,” “seek,” “see,” “will,” “would,” “estimate”, “target,”
similar expressions, and variations or negatives of these words.
Forward-looking statements by their nature address matters that
are, to different degrees, uncertain, such as statements about the
settlement with plaintiff water utilities concerning PFAS
liabilities. Factors that could cause or contribute to these
differences include, but are not limited to: the achievement, terms
and conditions of a final settlement; the outcome of any pending or
future litigation related to PFAS or PFOA, including personal
injury claims and natural resource damages claims; the extent and
cost of ongoing remediation obligations and potential future
remediation obligations; changes in laws and regulations applicable
to PFAS chemicals; the level of opt-out exclusions from the
settlement. Unlisted factors may present significant additional
obstacles to the realization of forward-looking statements. Further
lists and descriptions of risks and uncertainties can be found in
each of Chemours’, DuPont’s and Corteva’s respective annual report
on Form 10-K for the year ended December 31, 2022, and each of
Chemours’, DuPont’s and Corteva’s respective subsequent reports on
Form 10-Q, Form 10-K and Form 8-K, the contents of which are not
incorporated by reference into, nor do they form part of, this
announcement. Consequences of material differences in results as
compared with those anticipated in the forward-looking statements
could include, among other things, business disruption, operational
problems, financial loss, legal liability to third parties and
similar risks, any of which could have a material adverse effect on
each of Chemours’, DuPont’s or Corteva’s respective consolidated
financial condition, results of operations, credit rating or
liquidity. None of Chemours, DuPont or Corteva assumes any
obligation to publicly provide revisions or updates to any
forward-looking statements, whether as a result of new information,
future developments or otherwise, should circumstances change,
except as otherwise required by securities and other applicable
laws.
1 PFAS, as defined in this settlement, includes PFOA and HFPO-DA
among a broad range of fluorinated organic substances.
2 The class is composed of all Public Water Systems, as defined
in 42 U.S.C § 300f, with a current detection of PFAS or that are
currently required to monitor for PFAS under the EPA’s Fifth
Unregulated Contaminant Monitoring Rule (“UCMR 5”) or other
applicable federal or state law. Approximately 88 percent of the
U.S. is served by systems required to test under UCMR 5.
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Chemours - Investors Jonathan Lock +1.302.773.2263
investor@chemours.com
Kurt Bonner +1.302.773.0026 investor@chemours.com
Chemours - Media Thom Sueta +1.302.773.3903
media@chemours.com
DuPont - Investors Christopher Mecray +1.302.999.2030
Chris.mecray@dupont.com
DuPont - Media Dan Turner +1.302.299.7628 Daniel.A.Turner@dupont.com
Corteva - Investors Kim Booth +1.302.485.3190 kimberly.a.booth@corteva.com
Corteva - Media Dave Sousa +1.317.418.4672 david.sousa@corteva.com
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