LAWSUITS

  • February 21, 2018: 70 well owners filed lawsuit
  • January 31, 2018: Class action plaintiffs: Consolidated class action lawsuit filed by Cohen Milstein Sellers & Toll PLLC and Susman Godfrey, Interim Co-Lead Class Counsel
  • Oct. 3, 2017: New Hanover County resident Brent Nix files Class Action lawsuit on behalf of all other similarly situated (CONSOLIDATED INTO JAN 31 FILING)
  • Oct. 16, 2017:  CFPUA files lawsuit against Chemours  (60 days notice given August 3, 2017) (CONSOLIDATED wITH BRUNSWICK COUNTY SUIT)
  • Oct. 20, 2017: Brunswick County resident Roger Morton files Class Action lawsuit on behalf of all others similarly situated (CONSOLIDATED INTO JAN 31 FILING)
  • Oct. 23, 2017: Leland resident Victoria Carey files Class Action lawsuit on behalf of all others similarly situated after testing her water heater and finding high levels of GenX (CONSOLIDATED INTO JAN 31 FILING)
  • Oct. 31, 2017: Brunswick County announces it has filed lawsuit suit against Chemours (CONSOLIDATED WITH CFPUA SUIT) 
  • Letters of Intent to Sue: 


REGULATORY ACTIONS BY DEQ / STATE: 

NOTE: 60-day notices are required to sue under the Clean Water Act; 90-day notices are required to sue under Resource Conservation & Recovery Act

DEQ publishes their enforcement actions and communications with Chemours online HERE

STATE LAWS THAT SHOULD BE AMENDED/REPEALED

The below information is attributable to the Southern Environmental Law Center - Letter to Senators, Jan. 30, 2018

  • REGARDING AIR EMISSIONS: G.S. 143-213(9) which was established in 2012 by the N.C.G.A. in S.L. 2012-187 must be removed from statute. It excludes "emission[s]" from the definition of "discharge" meaning DEQ has no authority to regulate air emissions that have deposited to water
  • REGARDING SETTING A REGULATORY STANDARD: The Hardison Amendment G.S. 150B-19.3:) must be repealed - not only for this issue but all environmental issues affecting our state. It prohibits agencies authorized to implement and enforce state and federal environmental laws from adopting regulations for the protection of water quality, the environment, or natural resources that impose a more restrictive standard, limitation, or requirement than those imposed by federal law.
  • REGARDING PERMITS: 
    • Currently, DEQ cannot include in the wastewater discharge permit any toxic substance for which the EPA or State has not set a health or effluent standard. Legislature must amend G.S. 143-215.1(a) (Activities for Which Permits Required) to prohibit permitted facilities from discharging any toxic substances, as defined by 15A N.C. Admin. Code 2B .0202(64), for which there is no federal or state standard set. If a chemical does have a health or effluent standard, or a consent order entered by the EPA under the Toxic Substances Control Act (“TSCA”), then the applicant must comply with whichever is most stringent. 
    • Amend G.S. 143-215.1 to require automatic permit suspension if a company is found to be discharging any pollutant not authorized by its permit; and not disclosed in its permit application.
  • REGARDING RESPONSIBILITY AND ACCOUNTABILITY: Amend G.S. 143-215.1 to require that companies in violation of discharge permits must provide and maintain the necessary filtration equipment to municipalities affected for as long as contamination persists in the environment, and that the company is financially responsible for removing pollution from drinking water sources so that this burden does not fall to North Carolina’s taxpayers.

STATE LEGISLATION THAT IS STALLED IN THE SENATE

House Bill 189 passed the House unanimously on January 10th, 2018, but the Senate has yet to take it up.  The bill is not perfect, but it provides DEQ funding to purchase the necessary testing equipment and hire additional staff to handle this crises, along with the backlog of work that the understaffed agency had before the GenX crisis began. 

OTHER LEGAL DOCUMENTS & HISTORY

CONSENT ORDER ALLOWING PRODUCTION OF GENX WITH 99% WASTEWATER CAPTURE

CHEMOURS RESPONSE TO DEQ LEGAL ACTIONS: 

CHEMOURS PERMITS:

FILINGS BY DUPONT/CHEMOURS REQUIRED BY TOXIC SUBSTANCES CONTROL ACT:

  • Industry is required to file reports to EPA if they find "unreasonable risk to health or to the environment" in unregulated contaminants; Here are DuPont/Chemours filings:  https://adobe.ly/2xFbn6X

HOUSE SELECT COMMITTEE MEETINGS ON NC RIVER WATER QUALITY PRESENTATIONS::

  • OVERVIEW FROM ALL DEQ DEPARTMENTS WORKING ON THIS (AIR, WATER, WASTE) & BREAKDOWN OF STAFF ASSIGNED TO IT & GRAPH OF PERMIT BACKLOG: PRESENTED BY DEQ AT HOUSE SELECT COMMITTEE NOV. 2017: HERE
  • Link to presentations for all meetings found HERE

FEDERAL LAWS RELATING TO UNREGULATED and EMERGING CONTAMINANTS:

DHHS RISK Assessments:

DEQ GenX Investigation

CFPUA: