Environmental enforcement and environmental litigation continue to make headlines. Below, we look at some recent significant settlements.
The Nation’s Largest Radioactive Disaster Finally Addressed
United Nuclear Corporation and General Electric have agreed to a consent decree with the United States, Navajo Nation, and the State of New Mexico. The agreement is under the Comprehensive Environmental Response Compensation and Liability Act, or CERCLA.
The United States Department of Justice states that the environmental contamination began decades ago when the Northeast Church Rock Mine operated from 1967 to 1982. The company served as the principal source of uranium ore for the UNC Mill. “The historical mining activities left behind uranium mine waste piles, several former ponds, and former mill tailings storage areas.”
According to the Multicultural Alliance For A Safe Environment (in New Mexico), “The dangers were significant. On July 16, 1979, the dam of a holding pond at the United Nuclear Corporation uranium mill in Church Rock failed, spilling 94 million gallons of watery, radioactive sludge into the Rio Puerco, running through the local community to Gallup and on to Sanders, Arizona. It is still the largest radioactive catastrophe in the United States.”
The Northeast Church Rock Mine operated from 1967 to 1982 (image purchased from Shutterstock).
The cleanup is expected to cost $63 million.
The US Environmental Protection Agency states that there are over 500 abandoned uranium mines on and near the Navajo Nation. The EPA has a webpage dedicated to Abandoned Mines Cleanup.
Criminal Conduct, Intentional Pollution, and Deliberate Coverup
According to the United States Department of Justice, “Eagle Ship Management LLC (ESM), based in Stamford, Connecticut, pleaded guilty yesterday to violating the Act to Prevent Pollution from Ships (APPS) by deliberately polluting U.S. waters off the coast of New Orleans from the M/V Gannet Bulker, a foreign-flagged bulk carrier. If approved by the court, ESM would pay a criminal fine of $1,750,000 and serve a four-year term of probation that includes external audits by an independent technical expert.”
The United States Coast Guard launched an investigation after a whistleblower (a crew member) posted a message on social media. The post stated that the engine room on the ship (Gannet Bulker) had flooded and the oil-contaminated bilge waste was “deliberately pumped overboard at night.”
At the time of the release, the ship was anchored near the Southwest Passage of the Port of New Orleans.
Approximately 10,000 gallons of bilge water were released.
According to the DOJ, “The criminal conduct involved here was serious, including intentional pollution and deliberate cover-up.”
In pleading guilty, ESM admitted its crew “engaged in a variety of obstructive acts to conceal the internal flooding that was caused by a botched repair.” The “obstructive acts” included retaliation against the whistleblower. Further, the senior ship officers and crew lied to the Coast Guard and destroyed evidence.
Separately, the chief engineer was prosecuted and sentenced to serve a year and a day in jail.
$2 Billion PFAS Settlement
Finally, the “Landmark” $2 billion PFAS Settlement. It has become commonplace to see per- and polyfluoroalkyl (PFAS) settlements in the tens of millions of dollars. The August 2025 announced settlement in New Jersey set the bar higher by orders of magnitude.
From the New Jersey Attorney General, “Attorney General Matthew J. Platkin and Department of Environmental Protection (DEP) Commissioner Shawn M. LaTourette announced a groundbreaking environmental settlement, valued at over $2 billion, to remedy long-standing contamination stemming from PFAS (per- and polyfluoroalkyl substances), also known as ‘forever chemicals,’ as well as other pollutants originating from four industrial sites.”
The proposed settlement will “resolve the Chambers Works case, a 2019 lawsuit against Delaware-based E.I. DuPont de Nemours and Co. (now known as EIDP, Inc.) and other DuPont-related entities…”
The other defendants include “The Chemours Company and The Chemours Company FC, LLC, both of which DuPont spun off in 2015; DuPont Specialty Products USA, LLC; Corteva Inc.; and DuPont de Nemours, Inc.”
Apart from the major “players” involved in PFAS litigation, there is a trend of looking beyond the primary manufacturers of PFAS.
Secondary Manufacturers Face Liability
In a June 2, 2025, blog, the law firm Morgan Lewis wrote, “Recent years have seen an uptick in claims against secondary manufacturers – for example, companies that incorporate PFAS-treated materials into finished products but do not manufacture PFAS themselves.”
They also wrote, “Agricultural contamination cases are also becoming more prevalent, particularly where biosolids have been applied to farmland. Plaintiffs have alleged economic damages tied to reduced crop yields, livestock health issues, and diminished property values. These suits are likely to increase as states and the EPA move forward with risk assessments and the regulation of PFAS in biosolids.”
It appears that PFAS litigation will continue to be a significant driver in environmental litigation in the foreseeable future.
For more information about PFAS, see our PFAS Resource page. For more information about our litigation support, see our Litigation Support/Expert Services page.
Environmental Advice
Dragun Corporation has assisted the regulated community with environmental compliance, assessment/remediation, and litigation support since 1988. If you need assistance with an environmental issue, contact Jeffrey Bolin, M.S., CHMM, at 248-932-0228, Ext. 125.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes Michigan Lawyers Weekly, Detroiter, Michigan Forward, GreenStone Partners, Manure Manager Magazine, Progressive Dairy, and HazMat Magazine.
Jeffrey Bolin, M.S., reviewed this blog. Jeff is a partner and senior scientist at Dragun Corporation. He is a published author, a frequent speaker, and an expert witness. His expertise in environmental due diligence, PFAS, vapor intrusion, and site assessments has led to projects in the US, Canada, and overseas. See Jeff’s Bio.
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