New Jersey began a landmark series of trials against E.I. DuPont de Nemours and several subsidiaries, seeking to determine liability for decades of alleged contamination at the company’s former Chamber Works facility in Salem County. The case, which centers on perfluoroalkyl and polyfluoroalkyl substances (PFAS), commonly known as “forever chemicals,” is the first of its kind brought by a state to go to trial and is expected to have significant implications for PFAS litigation nationwide.
The series of six bench trials will address claims under the New Jersey Spill Act, the Water Pollution Control Act, and the Industrial Site Recovery Act, among others. Following these trials, a jury will hold a trial on the state’s common law negligence and strict liability claims and for natural resource damages, punitive damages and other damages.
On the eve of the trial, shareholder Steven Miano told Law360 that cases like the ones against DuPont were rare because companies typically opt to settle claims of alleged environmental contamination instead of going to trial.
“It may be that there’s so much at stake for Chemours and for DuPont that they just want to sort of toss the dice and see how they start to roll, and then decide what to do,” Steve said.
