In 2025, SWAPE was retained to provide expert opinions concerning environmental regulations, regulatory guidance, and standard of care in a case brought by the State of New Jersey to resolve environmental contamination by per- and poly-fluoroalkyl substances (PFAS) at four sites across New Jersey. The sites, consisting of four historical E.I. DuPont de Nemours and Co. (DuPont) industrial sites (Chambers Works, Parlin, Pompton Lakes Works, and Repauno), discharged PFAS for decades and polluted drinking water and natural resources throughout New Jersey.

Outside counsel for the State of New Jersey hired Matt Hagemann, P.G., C.Hg. to provide an expert report and testify at trial in their case against DuPont and related entities.  Mr. Hagemann testified at trial on standard of care and regulatory compliance, following extensive review of internal documents and the preparation of a chronology of Defendants’ understanding of PFAS occurrence and fate and transport in the environment.

The trial began on May 19, 2025. The State tried five combined bench trials on statutory liability claims and defensive issues against the DuPont entities related to PFAS and other contamination discharged from DuPont’s Chambers Works site. The parties reached a settlement prior to initiating a sixth bench trial. The State’s legal team secured a landmark settlement with DuPont and related companies valued at more than $2 billion, which was the largest environmental recovery for a single state in U.S. history. [1]

References:

[1] Kelley Drye Congratulates the State of New Jersey on Landmark $2 Billion PFAS-Related Environmental Contamination Settlement with DuPont.  Kelley Drye & Warren LLP.  August 4, 2025. Kelley Drye Congratulates the State of New Jersey – Press Release.