Court denies Dupont's request to seal toxic tort case documents

In a recent ruling, Judge Robert Numbers of the Eastern District of North Carolina issued a decision regarding the Dew v. E.I. Dupont de Nemours & Co. toxic tort case, which involves plaintiffs who are current and former residents of the area affected by chemical exposure. The defendants, E.I. Dupont, had filed a motion to keep certain documents sealed, claiming they contained sensitive business information that was not available to the public. The court emphasized that the public has a general right to inspect and copy judicial records and documents. To justify sealing records, the party seeking to restrict access must prove that a compelling government interest necessitates the action and that it is narrowly tailored to serve that interest. The burden of proof lies with the party requesting the seal, meaning they must provide specific reasons to support their claim. In this case, Dupont merely asserted that the documents in question contained non-public, confidential, and sensitive information without providing sufficient evidence to indicate how public disclosure would harm them. The protective order, which designated the documents as Confidential or Highly Confidential, did not carry enough weight to justify permanently sealing the documents. The court observed that merely labeling documents as confidential does not meet the high standard necessary for severe restrictions on public access. Granting such a motion without concrete evidence would undermine the First Amendment's protection of public access. As a result of the judge's order, the documents at issue will remain under seal for fourteen days, allowing either party the opportunity to seek a review by a United States District Judge. This decision highlights the court's commitment to transparency and public access to judicial information, balancing the interests of both parties while protecting the rights granted under the First Amendment. The decision came as part of ongoing proceedings in a toxic tort case that reflects the legal complexities surrounding issues of public health, environmental safety, and corporate responsibility.