DuPont Loses Bid to Seal PFAS Contamination Lawsuit Documents

Dec. 3, 2024

Federal judge rejects company's second attempt to keep river pollution materials confidential, citing public’s right to know.

Jonathan Katz

A district court judge has denied a motion by E.I. Dupont Nemours & Co. to seal documents related to a per- and polyfluoroalkyl contamination lawsuit filed by current and former residents of southeastern North Carolina.

The ruling, dated Nov. 27, relates to claims that the company is responsible for fouling the Cape Fear River south of Fayetteville with the toxic substance, also known as PFAS.

Magistrate Judge Robert T. Numbers, of the Eastern District of North Carolina Western Division, stated the request was DuPont’s second failed attempt to seal summary-judgment-related materials.

The court denied the first filing because the company “relied on the wrong standard” for sealing the materials. In the second filing, DuPont identified the correct standard but failed to meet it, Numbers stated.

“Since Defendants failed to provide any credible evidence to support their claim that they would be harmed by the documents’ disclosure, they have not overcome the public’s First Amendment right to access those documents. Thus, the court denies their motion to seal,” the judge wrote in his ruling.

Read the full ruling here.

About the Author

Jonathan Katz | Executive Editor

Jonathan Katz, executive editor, brings nearly two decades of experience as a B2B journalist to Chemical Processing magazine. He has expertise on a wide range of industrial topics. Jon previously served as the managing editor for IndustryWeek magazine and, most recently, as a freelance writer specializing in content marketing for the manufacturing sector.

His knowledge areas include industrial safety, environmental compliance/sustainability, lean manufacturing/continuous improvement, Industry 4.0/automation and many other topics of interest to the Chemical Processing audience.

When he’s not working, Jon enjoys fishing, hiking and music, including a small but growing vinyl collection.

Jon resides in the Cleveland, Ohio, area.