RALEIGH, N.C. (December 5, 2025) — A federal judge has blocked an attempt by Chemours and DuPont to hide documents related to the release of harmful substances into the Cape Fear River.
Earlier this year, Chemours made the motion to seal documents as part of its lawsuit with local water utilities and governments in the federal District Court for the Eastern District of North Carolina, including the Cape Fear Public Utility Authority (CFPUA), Lower Cape Fear Water & Sewer Authority, Brunswick County, and the Town of Wrightsville Beach.
U.S. District Court Judge James C. Dever III released a decision Wednesday denying the motion to seal, stating that the public’s First Amendment’s right of access applies to the documents.
Read the full order here.
The motion was opposed by several parties concerned with the attempt to conceal crucial information, including the NAACP New Hanover County Branch, represented by SCSJ. The conservation groups’, community groups’, and NAACP’s interventions were rendered moot by the judge’s ruling denying Chemours’ motion.
“This is one win in a long battle for our community to live free from harmful contamination of our air and water,” said LeRon T. Montgomery, President of the NAACP New Hanover County Branch. “The importance of this decision goes far beyond who it will impact today. The pollution of the Cape Fear River will impact generations to come, but so will having access to this information.”
The ongoing legal battle highlights the companies’ release of per- and polyfluoroalkyl substances, known as PFAS, into the Cape Fear River. At the center of the litigation is a Bladen County facility that operates upstream of many North Carolina residents. Most of the sources that supply drinking water to people in Wilmington and New Hanover County are impacted by the contamination.
Previous litigation related to the companies’ PFAS pollution led to a court-enforceable order and state-led well testing, recently expanded to an include an additional 14,000 households.
“An effort to conceal information that deals with the health and safety of thousands of North Carolinians cannot go unchallenged,” said Anne Harvey David, Chief Counsel for Environmental Justice at SCSJ. “We are happy to see this decision in favor of protecting public access to these documents. Information and transparency around the extent of the pollution is fundamental for the health and safety of the impacted communities.”
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Southern Coalition for Social Justice, founded in 2007, partners with communities of color and economically disadvantaged communities in the South to defend and advance their political, social, and economic rights through the combination of legal advocacy, research, organizing, and communications. Learn more at southerncoalition.org and follow our work on Facebook, Instagram, and LinkedIn.
Felecia Phillips Ollie DD (h.c.) is the inspiring leader and founder of The Equality Network LLC (TEN). With a background in coaching, travel, and a career in news, Felecia brings a unique perspective to promoting diversity and inclusion. Holding a Bachelor’s Degree in English/Communications, she is passionate about creating a more inclusive future. From graduating from Mississippi Valley State University to leading initiatives like the Washington State Department of Ecology’s Equal Employment Opportunity Program, Felecia is dedicated to making a positive impact. Join her journey on our blog as she shares insights and leads the charge for equity through The Equality Network.
