At trial, an expert for the residents had put those costs at $62 million, and the jury awarded property owners $55.5 million in cleanup costs.
Taylor said that a settlement administrator appointed by the judge believes the remediation can be done for about $20 million, based on a more detailed study than the one used at trial by the plaintiffs.
Initially, a public notice posted online by settlement administrator Edgar Gentle III indicated the plaintiffs' lawyers planned to seek $30 million in fees and $11 million in expenses. But that notice was later removed from the Web site, and replaced with a version of the public notice that did not specify the proposal legal fees and expenses being sought.
DuPont also agreed to fund a "pay-as-you-go," 30-year medical testing program for current and former residents "so as to ensure that any effects from exposure are discovered and treated in a timely fashion." Taylor said that program is estimated to cost about $80 million.
The original jury verdict against DuPont included a medical monitoring program valued at $130 million, based on 40 years worth of testing, and $196.2 million in punitive damages.
The case brought complaints from the business community about punitive damage awards in West Virginia. At one point, then-Gov. Joe Manchin filed a friend-of-the-court brief urging the justices to at least hear a full appeal of the punitive damages DuPont was ordered to pay.
In a March decision, the Supreme Court generally upheld a series of ruling that set the scope of the 2008 trial. But, the court also ruled that punitive damages may not be awarded based only on claims for future medical monitoring costs because of past toxic exposure. That ruling cut the original punitive damages award against DuPont by 40 percent, from $196.2 million to about $117.7 million.
Justices also slashed the punitive damages by another $20 million, based on their conclusion that DuPont should have been given credit for what it said were the funds the company spent cleaning up the site, leaving the punitive damages award at $97.7 million.
A hearing on the proposed settlement was tentatively scheduled for 9 a.m. Dec. 30 in Harrison Circuit Court.
The proposed deal comes six years after DuPont agreed to a $107.6 million deal in a medical monitoring case filed on behalf of thousands of residents whose drinking water was polluted with the toxic chemical C8 from DuPont's plant in Wood County.
"DuPont has had manufacturing operations in West Virginia for more than 80 years with a solid track record of investment, employment and community involvement," said Sager, the company's general counsel. "We remain committed to operating our facilities in the state consistent with our core values and continue to play a meaningful role in the economic future of West Virginia."
Reach Ken Ward Jr. at kw...@wvgazette.com or 304-348-1702.