Tag: Eastman Chemical

Federal Judge Reviews $151 Million Chemical Spill Settlement

A revised class-action settlement plan is back before a federal judge deciding how to pay victims of a chemical spill that left people without tap water for up to 9 days.

The drinking water of about 300,000 people in the greater Charleston area was contaminated in January 2014 when a chemical used to clean coal spilled from a storage tank at the now-defunct Freedom Industries, polluting the Elk River upstream from the system’s water intake.

Judge John Copenhaver raised concerns about previous terms of the negotiated $151 million settlement with West Virginia American Water Co. and Eastman Chemical. This amended plan replaces tiered and fixed amounts with percentages and cost-based factors for businesses and medical claims.

It would raise payment for a simple household claim from $525 to $550.

Manufacturer: 'Illegal" Ordinance Targets Chemical Spill

A chemical manufacturer is suing a county commission over an ordinance that it says is an illegal attempt to recover money more than three years after a spill that contaminated the drinking water supply in nine West Virginia counties.

The Charleston Gazette-Mail reports Eastman Chemical Company filed a lawsuit last Friday against the Lincoln County Commission and three prosecutors who they say drafted the regulatory measure in conflict of interest. It was passed last month.

The company claims that one of the lawyers attempted to coerce a cash settlement larger than the jurisdictional amount in exchange for forgoing a lawsuit over the 2014 chemical spill. The complaint also says West Virginia state law pre-empts the ordinance.

Attempts to reach the Lincoln County Commission and lawyers were unsuccessful.

Proposed Settlement in Elk River Chemical Spill

A proposed settlement has been reached between Charleston residents and a chemical company accused of not doing enough to safeguard West Virginia’s capital city from a spill that polluted the drinking water of 300,000 people in 2014.

According to court officials, attorneys for Eastman Chemical and Charleston-area residents and businesses proposed the settlement. Eastman is producer of a coal-cleaning agent that spilled.

It is subject to approval by U.S. District Judge John Copenhaver. Its terms are sealed.

The trial for claims against West Virginia American Water is scheduled to start Thursday.

The chemical leaked from a storage tank of since-bankrupted Freedom Industries into the Elk River in January 2014, preventing the capital and nearby areas from using tap water for days.

Trial Over 2014 Chemical Spill Set to Begin

Jury selection begins Tuesday in Charleston in the class-action lawsuit against a chemical company and a water utility. 

The trial over a 2014 chemical spill that resulted in the contamination of more than 300,000 people’s drinking water is set to begin this week. 

Tuesday, attorneys on both sides will appear before Judge John Copenhaver in U.S. Federal District Court to begin selecting the 12 person jury.

Hundreds of area businesses impacted by the chemical spill into the Elk River are suing Eastman Chemical and West Virginia American Water over the incident.

Eastman produces the coal cleaning chemical MCHM which was leaked into the water supply resulting in a do not use order. West Virginia American Water is the water utility that provides service to the impacted 9 county area.

The businesses allege the utility did not properly prepare to respond to the Jan. 9, 2014, incident and that Eastman did not properly warn Freedom Industries, the company storing MCHM mixed with other chemicals about a mile upstream of the public drinking water intake, about the chemical’s safety concerns.

Lawyers on both sides are reportedly still negotiating a settlement.

West Virginia Chemical Spill Lawsuit Trial Moved to October

The trial for a class-action lawsuit over a West Virginia chemical spill that polluted 300,000 people’s drinking water has been rescheduled for October.

The Charleston Gazette-Mail reports that U.S. District Judge John T. Copenhaver in Charleston announced the Oct. 25 trial date Thursday.

In the lawsuit, individuals and businesses impacted by the January 2014 chemical spill claim the water company, West Virginia American Water, didn’t adequately safeguard against a potential spill.

The lawsuit also targets Eastman Chemical, claiming the company didn’t test its manufactured chemical properly or warn about possible impacts to human health or to the type of tanks used to store it.

In January 2014, Freedom Industries in Charleston leaked coal-cleaning chemicals into the Elk River, tainting the company’s water supply for days. Freedom filed for bankruptcy.

Kanawha County Files Lawsuit Over 2014 Chemical Spill

The Kanawha County Commission and city of Charleston have filed a lawsuit against several companies over the 2014 Elk River chemical spill.

Local news media report that the lawsuit against West Virginia American Water, Eastman Chemical Company and others was filed last week in the Kanawha County Circuit Court.

The lawsuit is seeking costs and expenses resulting from the activation of the Kanawha County Emergency Operations Center, among other things. Commissioner Dave Hardy says the county “has an obligation to the public to seek to recover all costs relating to the water crisis.”

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

A West Virginia American Water spokeswoman declined to comment. An Eastman Chemical Company official didn’t immediately respond to a request for comment.

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