Tag: Chemical Spill

Group Drops Class-Action Insurance Settlement in Spill Case

Lawyers for businesses and people affected by a massive chemical spill last year say a settlement to fund community projects is no longer being…

 Lawyers for businesses and people affected by a massive chemical spill last year say a settlement to fund community projects is no longer being considered.

In June 2014, lawyers for groups affected by the Freedom Industries spill proposed the money go toward projects benefitting the public, like health monitoring or more water testing.

Last week, lawyers wrote that the plan has been abandoned. Ex-Freedom executives opposed it, saying the insurance should cover their legal costs.

The Charleston Gazette reports that U.S. Bankruptcy Judge Ronald Pearson approved a $3.2 million insurance settlement last week without the public projects.

Freedom chief restructuring officer Mark Welch says he hopes to use the money to pay creditors other than spill victims.

The January 2014 spill contaminated drinking water for 300,000 people for days.

Feds Seek Plea Hearings for Freedom Industries Ex-Owners

Prosecutors are seeking plea hearings for Freedom Industries and two former owners facing charges related to a West Virginia chemical spill.Assistant U.S.…

 Prosecutors are seeking plea hearings for Freedom Industries and two former owners facing charges related to a West Virginia chemical spill.

Assistant U.S. Attorney Philip H. Wright filed motions Wednesday asking the court to schedule hearings for the company, Charles Herzing and William Tis. Wright also requested plea hearings for two lower-level employees.

All the defendants are charged with violating the federal Clean Water Act. They are expected to plead guilty in the case.

Attorneys for Herzing and Tis didn’t immediately return telephone messages Wednesday.

The January 2014 spill in Charleston contaminated drinking water for 300,000 residents for days.

Former Freedom owner Dennis Farrell and former President Gary Southern also face charges related to the spill.

In addition, Southern faces charges related to Freedom’s bankruptcy.

Ex-Chemical Company Execs Seek Trial Delay

Four former executives of a West Virginia chemical company are asking a judge to delay their trials on charges stemming from a spill. Attorneys for former…

Four former executives of a West Virginia chemical company are asking a judge to delay their trials on charges stemming from a spill. 

Attorneys for former Freedom Industries President Gary Southern and former owners Dennis Farrell, Charles Herzing and William Tis requested the delays in motions filed last week.

All of the motions say defense attorneys need more time to review a massive amount of files provided by prosecutors on flash drives.

Each man is charged with violating the federal Clean Water Act. Southern also faces charges stemming from Freedom’s bankruptcy.

The trials are scheduled to begin March 10.

The Charleston Daily Mail first reported the motions.

The spill in January 2014 contaminated drinking water for 300,000 residents for days.

Trial Delay Sought in Chemical Spill Trial

The former owner of a chemical company that fouled drinking water used by hundreds of thousands of West Virginia residents wants his trial…

The former owner of a chemical company that fouled drinking water used by hundreds of thousands of West Virginia residents wants his trial delayed.

Attorneys for Charles Herzing cite the heft of documents they must review and Herzing’s scheduled New Zealand vacation.

The Daily Mail reports that the request filed Tuesday seeks a June trial date.

The filing said the government has provided nearly 3 million pages of documents that must be reviewed.

The filing said an assistant attorney general does not object to the delay.

The chemical spill in January 2014 resulted in a tap-water ban for 300,000 people for days.

Four other Freedom executives face federal charges stemming from the spill.

Conflict of Interest Arguments Heard in Freedom Case

A judge has heard arguments over recusing prosecutors from a case charging former executives in a chemical spill.In Charleston federal court Monday,…

A judge has heard arguments over recusing prosecutors from a case charging former executives in a chemical spill.

In Charleston federal court Monday, ex-Freedom Industries executives Gary Southern and Dennis Farrell claimed U.S. Attorney Booth Goodwin’s office and family members were victims of the company’s spill and have conflicts of interest. Last January’s spill left 300,000 residents without tap water for days.

Prosecutors say a recusal would be against public interest and fly in the face of the law.

U.S. District Judge Thomas Johnston gave parties until Jan. 30 to file documents about possible related subpoenas.

Southern, Farrell, the company and four other officials face pollution charges. Southern also faces fraud charges related to Freedom’s bankruptcy case.

Johnston declined to delay several initial appearances and arraignments set for Thursday and Monday.

Tank Inspections Due Thursday Under W.Va. Spill Law

The deadline is approaching to submit aboveground storage tank inspections required by a new state law to protect public water supplies.

Thursday is the deadline for new tank inspection certifications in West Virginia. Department of Environmental Protection spokeswoman Kelley Gillenwater says the state received about 22,000 inspection certifications as of mid-day Wednesday, or fewer than half of the tanks that require them.

The annual inspections are included in a law reacting to a January chemical spill, which spurred a tap-water ban for 300,000 people for days. The law includes a new regulatory system for many tanks and addresses emergency planning for public water systems.

A rule within the law groups tanks into three inspection categories. Tanks holding hazardous materials or ones near public water supplies face the most stringent requirements.

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