The rural town of Hoosick Falls has won a decadelong legal battle against chemical giant DuPont over its contaminated water supply.
DuPont, one of the world’s largest chemical companies, agreed to a $27-million payout for contaminating Hoosick Falls’ water supply with a “forever chemical” known as perfluorooctanoic acid, or PFOA. The chemical, which increases the risk of cancer, does not break down and can remain in the environment forever. The trial was scheduled to begin this week, but was delayed in anticipation of this week’s settlement.
“On the eve of trial, after a nine-year fight, that included an interim appeal to the Second Circuit Court of Appeals, we are gratified to have reached what we believe will be the final resolution of this case that will provide significant added benefit to the residents of Hoosick Falls and the Town of Hoosick,” said Stephen Schwarz, co-lead counsel for the plaintiffs.
Hadley Lundback, another plaintiff attorney, said DuPont will also pay an additional $6 million to fund an existing 10-year medical monitoring program.
The lawsuit included three other chemical companies – 3M, Saint-Gobain, and Honeywell – that settled in July 2021 for $65.25 million. The suit was filed in 2016 after PFOA was found in the town’s drinking water. This was also the time of Flint, Michigan’s water crisis, which sparked national concern over water infrastructure and safety.
PFOA was a key ingredient in making Teflon produced at a Hoosick Falls facility operated by 3M and Saint-Groban.
Nearly $21 million was divided among affected property owners based on a percentage of their lot’s 2015 assessed value. Landowners and renters collectively received nearly $8 million for private wells that were contaminated.
As part of the medical monitoring component, implemented by the Southwestern Vermont Medical Center, eligible community members can get evaluated annually for 10 years and get early screening for diseases associated with forever chemicals.
The plant has been designated as a state superfund site, which has led to a decrease in property values. Homeowners are unable to refinance their homes. The village has more than 3,000 residents.
According to court documents, residents of Hoosick Falls had levels of PFOA in their blood that were 30 times higher than average. A Hoosick Falls resident, Michael Hickey, tested the water supply after his father died of kidney cancer. His father worked at the Teflon factory.
According to the Environmental Protection Agency, forever chemicals are found worldwide in water, air, fish and soil due to their widespread use. In May, the agency, under the leadership of Lee Zeldin, announced it was reconsidering its forever chemical regulations.
The EPA plans to extend its compliance deadline for the public water system to address PFOA from 2029 to 2031.
The case gained national attention after Erin Brockovich began speaking to residents in 2016 after they sent her email messages.
The settlement received preliminary approval from a federal court, which will now hold a fairness hearing to finalize the deal. Despite the settlement, DuPont did not take responsibility for the contamination of the town’s water supply.
DuPont spokesperson Dan Turner declined to comment, citing pending litigation.
More information will be provided on a website set up for the settlement, where there are instructions for affected residents to register, object or opt out of the preliminary settlement.
“Our participation rate in the prior settlement was roughly 70% of eligible claimants, which is excellent for a class-action settlement,” said James Bilsborrow, co-lead counsel for plaintiffs. “We will do whatever we can to ensure that all eligible residents can reap the benefits of this settlement as well.”
In March, Gov. Kathy Hochul announced the completion of new drinking water lines for Hoosick Falls, funded through a $45 million agreement between the state and the polluters.
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