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DuPont: Lawsuit over discharges into Cape Fear River 'rests on a mistaken premise'

A major chemical company has filed a motion asking a federal court to dismiss a lawsuit claiming it polluted a North Carolina river, causing sickness and property damage to those living near its banks.  E. I. Du Pont De Nemours and Co., commonly known as DuPont, and The Chemours Co. FC LLC, are alleged to have discharged chemicals into the Cape Fear River and failed to disclose it.  A number of individuals who live near the river filed suit last year on their behalf and on behalf of others.  This is one of a number of lawsuits DuPoint is facing over the alleged discharge of perfluorinated or polyflourinated compounds (PFCs)...DuPont...filed a motion to dismiss March 2 with the U.S. District Court for the Eastern District of North Carolina.  The motion argues that the class action complaint "rests on a mistaken premise: the premise that any discharge of chemicals into the environment creates tort liability. To be actionable, however, a discharge of chemicals must cause the plaintiff to suffer actual harm," the company states...The company further argues that the complaint claims three of the four plaintiffs have physical ailments but do not allege that GenX or another chemical discharge caused those ailments.  In their April 13 motion arguing against the dismissal, those ailments are detailed...

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