Chemours is criticizing the following actions of the N.C. Department of Environmental Quality (DEQ) on the grounds that they are “arbitrary,” “capricious,” and “unilateral”:
- The DEQ’s claims that Chemours has misled officials for years about what was being discharged into the Cape Fear river;
- The requirement that they immediately halt discharge of GenX and several other chemicals; and,
- The threat to revoke Chemours’ National Pollutant Discharge Elimination System (NPDES) Permit.
Such criticisms and complaints were lodged against the DEQ by Chemours’ impressive legal team, which includes a well-established firm in North Carolina, as well as several leading national firms.
The letter drafted by their attorneys characterizes the DEQ’s treatment of Chemours as unfair on several grounds.
For example, the attorneys argue that the DEQ has no legal authority for their actions solely on the basis that they have yet to provide it.
They make a similar reasoning error in assuming that the DEQ’s order has no technical or scientific basis due to the fact that such basis has not yet been provided to them.
Later on in the letter, they argue that “there is no evidence of any public health or other emergency,” and criticize the DEQ for characterizing the GenX issue as such. However, they fail to mention that the animal studies completed on both GenX and its predecessor, C8, have both produced tumors in the subjects of the studies.
While Chemours would argue that such findings do not necessarily translate to humans, the 3,550 people who were subjects in a class action lawsuit against DuPont (the company that Chemours spun off from) due to C8 exposure would beg to differ.
It will be interesting to see the DEQ’s response to Chemours’ complaints, and how Chemours’ legal strategy develops as more information is brought to light.
- GenX Cancers Overview
- Summary of Information
- Timeline: GenX Contamination of the Cape Fear River
- Timeline: GenX Study Results
- GenX: Cancer Case Evaluation Form
Written by: Heather Helmendach, Legal Assistant
Law Offices of Thomas J. Lamb, P.A.