Chemical manufacturer DuPont has agreed to a $27 million settlement to resolve a long-running class action lawsuit alleging decades of contamination of Hoosick Falls water supply with perfluorooctanoic acid (PFOA), a toxic compound known as a “forever chemical.”
The settlement, announced earlier this month, stems from the case Baker, et al. v. E.I. DuPont de Nemours & Co., et al., filed in February 2016 in the U.S. District Court for the Northern District of New York. Hundreds of plaintiffs alleged that air and wastewater emissions from a Teflon fabric coating facility dating back to the 1960s released PFOA into the municipal water supply, private wells, and the aquifer beneath Hoosick Falls.
DuPont, which manufactured the PFOA-containing Teflon dispersions used at the facility, became a defendant in 2018. The company is the last remaining defendant in the nearly decade-long legal battle.
Settlement Terms and Medical Monitoring
In addition to the $27 million payout, DuPont will provide $6 million in funding for an existing 10-year medical monitoring program. The program offers annual health evaluations and early screening for diseases allegedly linked to PFOA exposure.
Eligible residents may receive screenings for a decade to detect potential health effects associated with forever chemicals, which persist in the environment and human body for years without breaking down.
History of Contamination Concerns
In November 2015, the Environmental Protection Agency advised Hoosick Falls residents not to drink local water after detecting PFOA levels exceeding 400 parts per trillion, far above health advisory limits. At the time, some residents had blood PFOA concentrations 30 times higher than the national average.
By March 2016, the New York State Department of Health reported that repeated testing showed “non-detection” levels of PFOA in the municipal water system, deeming it safe for consumption.
However, in September 2016, the EPA recommended adding the Teflon facility to the Superfund National Priorities List due to contamination risks.
Infrastructure Improvements and Next Steps
This March, new drinking water lines for Hoosick Falls were completed under supervision of the state’s Departments of Health and Environmental Conservation. The project added approximately 6,800 feet of raw water transmission line connecting a newly developed wellfield to the village’s treatment plant.
The DuPont settlement was reached just before the case was set to go to trial and must still receive federal court approval. Once preliminary approval is granted, class members will be able to submit claims or opt out before a final fairness hearing.
If a judge deems the agreement to be in the best interest of the class, the settlement will close one of the most prominent environmental contamination cases in New York in recent years.
