Another Lawsuit Comes From Chemical Spill

As two last executives are expected to plead guilty this week in a massive chemical spill, statements by one of them are fueling another lawsuit.

A deposition by ex-Freedom Industries executive Dennis Farrell says Eastman Chemical never told him its chemical could corrode tanks.

Farrell said he called to warn West Virginia American Water to close its water pump before chemicals entered the plant. The company didn’t.

A lawsuit by businesses and residents who lacked clean water from the spill cites the comments.

The January 2014 spill from an old Freedom tank in Charleston spurred a tap-water ban for 300,000 people for days.

The water company disputes Farrell’s deposition. Eastman doesn’t think the chemical corroded the tank.

Farrell and ex-Freedom President Gary Southern have guilty plea hearings this week.

Judge Urged to Unseal Records in Chemical Spill Case

A federal judge is being asked to make public hundreds of pages of documents in a lawsuit against a water company and a manufacturer that sold a chemical to a company involved in a massive spill.

The Charleston Gazette reports a lawyer for residents on Thursday asked U.S. District Judge John Copenhaver to unseal the documents in order to help the public understand events leading up to the January 2014 spill.

Last month Copenhaver allowed the lawsuit to continue against Eastman Chemical,West Virginia American Water and its parent company, American Water Works.

Eastman produced the coal-cleaning agent that leaked from a Freedom Industries tank. The spill spurred a tap-water ban for 300,000 people for days.

Judge Lets Chemical Spill Suit Continue

A judge is letting a lawsuit continue against a utility and a chemical producer over a chemical spill that sullied 300,000 people’s tap water.

In Charleston federal court Wednesday, Judge John Copenhaver denied most dismissal motions by Eastman Chemical, West Virginia American Water and its parent company, American Water Works.

The judge tossed or partially dismissed a few counts.

Eastman produced the chemical that leaked from a Freedom Industries tank in January 2014, spurring a tap-water ban for days.

The water company’s supply was contaminated.

Businesses that lost money without clean water and individuals filed the lawsuit. It says Eastman didn’t warn of the chemical’s potential dangers, and the utility didn’t take sufficient precautionary measures.

Freedom is in bankruptcy proceedings. The company and some executives face federal pollution charges.

Hearing for Elk River Chemical Spill Lawsuit Set for Sept. 2015

  A lawsuit against a water company, chemical producer, airport and others over a January chemical spill won’t get a hearing for another year.

The consolidated lawsuit that targets West Virginia American Water, Eastman Chemical, Yeager Airport and others has a hearing for a motion on class certification on Sept. 25, 2015.

Judge John Copenhaver filed the schedule earlier this month in U.S. District Court in Charleston.

Fourteen businesses and individuals affected by a chemical spill sued numerous companies and executives. The spill by Freedom Industries contaminated West Virginia American Water’s water supply for 300,000 people for days. Many businesses were temporarily shuttered.

U.S. Bankruptcy Court in Charleston is handling legal action against Freedom through a claims process.

The judge also set dates for various conferences, depositions and disclosure deadlines.

Airport, Chemical Company Want Spill Lawsuits Dismissed

An airport and a chemical producer want claims dismissed in a lawsuit partly targeting them over a January chemical spill.In U.S. District Court in…

An airport and a chemical producer want claims dismissed in a lawsuit partly targeting them over a January chemical spill.

In U.S. District Court in Charleston, Yeager Airport filed a motion Tuesday to dismiss claims in the wide-spanning lawsuit. Plaintiffs say the Charleston airport’s now-complete runway project contributed to the spill that left 300,000 residents without clean water for days.

The lawsuit says Yeager didn’t safeguard against stormwater runoff, which let water flow to Freedom Industries and erode a tank’s foundation.

Yeager’s motion says it generally can’t be sued as a government agency.

Eastman Chemical, producer of one spilled chemical, says plaintiffs didn’t allege life-threatening conditions from contaminated water exposure. Its motion says plaintiffs didn’t provide proof it broke environmental laws.

Fourteen businesses and individuals sued numerous companies and executives.

Study: MCHM Could Be More Toxic Than Previously Thought

  A new study shows a chemical that spilled into West Virginia’s biggest drinking water supply in January could be more toxic than a previous test indicated. But the researcher behind the study cautions there are differences between his tests and earlier studies.

University of South Alabama researcher Dr. Andrew Whelton released the findings Thursday from crude MCHM toxicity tests on freshwater fleas.

His results indicate it takes much less exposure for the chemical to be toxic to fleas than a 1998 study showed. Eastman Chemical, crude MCHM’s manufacturer, conducted the older study.

Whelton tried to replicate Eastman’s results three times and was unsuccessful.

“To conduct the study, we used the same organism that they used, we used the same environmental conditions, we used the same water chemistry, we conducted it for the same length of time, the same water temperature—and we didn’t get the same results as they did,” explained Whelton.

But, Whelton noted there are some differences, including the exact compound his study used as compared to Eastman’s research.

“If you look at the [Material Safety Data Sheet], there’s a variation in how much of each different ingredient is present. And, so, that could be one of the reasons why our data do not match their data,” he said.

The study has not yet undergone peer review although Whelton said he plans to go through the process that will allow other scientists to scrutinize his work. He also noted the tests on freshwater fleas are far removed from directly applying to human exposure.

Whelton used a $70,000 National Science Foundation grant for that project and others. He presented the research Thursday to National Association of City and County Health Officials at their annual conference in Atlanta.

Whelton, who also led the taxpayer-funded West Virginia Testing Assessment Project to sample homes affected by the spill at Freedom Industries, said he is planning stages of teaming with the U.S. Geological Survey to research MCHM’s toxicity on fish and other aquatic life.

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