Kelley Drye Partner Bill Jackson Featured in Law360 Article on Landmark PFAS Trial Opening in New Jersey
Kelley Drye partner and co-chair of the firm’s national Environmental Law practice group Bill Jackson was recently featured in an article by Law360 on the landmark trial in New Jersey related to per- and polyfluoroalkyl substances (PFAS) or “forever chemicals” contamination at the Chambers Works site in Salem County—the first PFAS case brought by a state to go to trial.
The article references Bill’s opening statement on behalf of the State and how it was no accident DuPont had yet to complete cleanup of the site despite decades of activity—it was a “systematic delay” intended to keep costs down. “DuPont concealed the risks of PFOA for decades,” Bill said in his opening statement, referring to the PFAS compound perfluorooctanoic acid. “They knew it was persistent, knew it was bioaccumulative and knew it had toxic effects. They didn’t tell [New Jersey] the truth and delayed the investigation into it.”
The Chambers Works site spans 1,500 acres along the Delaware River in Pennsville and Carneys Point Township and was originally used to manufacture smokeless gunpowder, nitrocellulose and other products, according to the complaint. It also manufactured refrigerants and aromatic chemicals during that time.
It began to use PFOA in manufacturing processes in the 1950s, the complaint says, and continues to manufacture fluorochemicals and other finishing products to this day.
Last week, the state reached a settlement with co-defendant 3M for up to $450 million.
Read the full article on Law360 (subscription may be required).