Case Summary
The NAACP New Hanover County Branch is objecting to an attempt by Chemours and DuPont to hide potentially hundreds of documents about their release of harmful substances into the Cape Fear River.
Chemours’ attempt to seal the documents is 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. These documents are expected to show that Chemours chemical plant has been dumping Gen-X and PFAS into the Cape Fear River for decades and knew about it.
Southern Coalition for Social Justice filed a motion to intervene on behalf of the NAACP New Hanover County Branch, stating that the documents Chemours is attempting to conceal are protected by the First Amendment and the public’s right to access judicial records.
In December 2025, U.S. District Court Judge James C. Dever III released a decision denying the motion to seal.
The companies since requested the judge's order be put on hold so they can appeal the ruling, which was ultimately denied.
Why it's Important
CFPUA sources the majority of its water from the Cape Fear River, which is cleaned and supplied to people in Wilmington and New Hanover County. PFAS expose people to a number of adverse health outcomes that can impact reproductive health, increase the risk of some cancers, interfere with the body’s immune system and hormones, and cause other health concerns.
The communities impacted by the contaminated water have a protected interest to be able to access details that would enable them to make informed decisions about their homes and their health. This case is ultimately about whether corporations can hide the truth about the harm they've done to the environment and public health.