Gov. Stein, AG Jackson, and DEQ Sec. Wilson Oppose EPA-Chemours Backroom PFAS Deal in Court

FOR IMMEDIATE RELEASE
Thursday, July 30, 2026
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RALEIGH- Today, Gov. Josh Stein, Attorney General Jeff Jackson, and DEQ Sec. Reid Wilson filed comments opposing the proposed PFAS deal between the Environmental Protection Agency (EPA) and Chemours. The comments urge the federal government to withdraw the proposed settlement, which would do almost nothing to address the damage Chemours has done in North Carolina.

"For decades, Chemours knowingly contaminated North Carolina's air and water by discharging PFAS from its Fayetteville plant into the Cape Fear River," said Governor Josh Stein. "Now, the EPA is cutting a deal with Chemours that does next to nothing for North Carolinians and allows polluters to choose what to clean up and where. I will continue to fight for North Carolinians' clean air and clean water."

"Chemours and the EPA negotiated this deal behind our backs," said Attorney General Jeff Jackson. "It does nothing to fix the decades of damage Chemours has done to our state, and it's offensive to the people who drink this water. That's why I'm asking the federal government to throw it out. The people of eastern North Carolina deserve better."

"DEQ has worked tirelessly to hold Chemours accountable for contaminating North Carolina's air and water," said DEQ Secretary Reid Wilson. "This proposed sweetheart deal that was brokered without even consulting North Carolina requires almost nothing more of Chemours than it's already doing under the consent order it signed with DEQ.  It's offensive and unfair to the people of this State, and I urge the court to reject it."  

For decades, Chemours and its predecessor, DuPont, have been emitting GenX and other PFAS into the air and soil and discharging the chemicals into the Cape Fear River, which provides drinking water for 500,000 residents in eastern North Carolina. EPA says that its deal settles PFAS contamination claims from Chemours' North Carolina, New Jersey, and West Virginia facilities - but it guarantees nothing for North Carolina and was reached without consulting the North Carolina Department of Justice or the Department of Environmental Quality (NCDEQ).

Gov. Stein, Attorney General Jackson, and Sec. Wilson are urging the federal court to reject the proposed settlement and instead have EPA work with North Carolina to develop a settlement with real benefits for our residents. They outline several reasons why the federal government should withdraw the deal:

1. North Carolina was excluded from negotiations, in violation of the EPA's own guidelines. Excluding North Carolina from the process has resulted in major disparities between the relief the agreement grants to the states.
2. North Carolina was excluded from any drinking water relief. The agreement includes sampling of water in New Jersey, Ohio, and West Virginia around Chemours facilities. When that sampling finds PFAS contamination above a certain level, Chemours would be required to provide alternative drinking water. However, the area around Chemours' North Carolina facility - Fayetteville Works - was excluded for no reason.
3. Chemours is not obligated to spend any of the $90 million in North Carolina. The agreement requires that Chemours spend up to $90 million over 15 years to fund PFAS pollution reduction and alternative drinking water projects, but it doesn't require that any of that money actually be spent in North Carolina. Chemours would be able to propose the projects it funds without input from North Carolina experts or its residents. If any of the states require Chemours to do any additional PFAS pollution reduction or alternative drinking water projects, the money Chemours spends can get credited against this $90 million.
4. The requirement to control GenX at the Fayetteville Works facility by 99.5% does not meaningfully reduce GenX pollution. GenX is toxic even at very low levels, and NCDEQ has already required Chemours to install technology to reduce certain GenX pollution at a 99.99% efficiency - which makes EPA's 99.5% requirement potentially meaningless. Even if the proposal would result in GenX reductions, there's no guarantee those reductions would occur in North Carolina because Chemours can take credit for reductions achieved in other states.
5. The deal resolves 200+ Clean Water Act violations at Fayetteville Works in exchange for no real benefit to North Carolina. If the federal government actually wants to resolve these violations, it needs to do more for North Carolinians and provide concrete measures that will improve their lives.

PFAS contamination poses serious health risks. These forever chemicals don't degrade. They accumulate in the body through water, soil, and air contamination. PFAS exposure has been linked to cancer, liver damage, and birth defects.

North Carolina officials have been fighting to hold Chemours accountable for the damage done to North Carolina. In 2019, NCDEQ reached a settlement with Chemours requiring the company to pay civil penalties, control PFAS air emissions, provide filtration systems to residents with contaminated drinking water wells, reduce PFAS contamination in the Cape Fear River, and address all sources of chemical contamination at the facility to prevent further harm. Attorney General Jackson is litigating a separate case against DuPont, Chemours, and affiliated corporate entities to ensure the state is compensated for the damage they've done to North Carolina's natural resources. Attorney General Jackson is also litigating six other cases against 14 companies, including Chemours and DuPont, that manufacture AFFF, a fire suppressant that contains PFAS and has contaminated several military bases, airports, and fire training facilities around the state.

A copy of the comments is available here.

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