Judge Balks at Proposed Deal in Chemical Leak Suit

A federal judge in West Virginia has ordered attorneys in a class-action lawsuit involving a chemical spill that contaminated drinking water in West Virginia in 2014 to revise a tentative settlement.

U.S. District Judge John Copenhaver in Charleston was critical of the proposed deal Monday. He said he’s concerned it doesn’t make clear that West Virginia American Water Co. won’t seek a rate increase to recoup the costs of settling the lawsuit.

Copenhaver says those costs must be paid by the company’s investors and stockholders, not customers who were spill victims.

Copenhaver ordered the parties to return later Monday.

In January 2014, a tank at Freedom Industries in Charleston leaked chemicals into the drinking water supply for 300,000 people, prompting a tap-water ban for days.

Lawyers for residents and businesses allege the water company didn’t adequately prepare for or respond to the spill.

Federal Judge Sets Trial in Landfill Suit

A federal judge has set a June 2015 trial date for a lawsuit filed against a Hurricane landfill that accepted wastewater from Freedom Industries in the wake of the January chemical leak.
The city of Hurricane and the Putnam County Commission filed a lawsuit in May asking that Waste Management of West Virginia be required to remove the wastewater mixed with sawdust from its landfill.

The material contains traces of the crude MCHM that spilled Jan. 9, contaminating 300,000 people’s drinking water for days.

 
The Charleston Gazette reports that the city and county want the company to pay for the removal.

 
Attorneys for the landfill argue the EPA doesn’t consider the crude MCHM a hazardous waste when spilled or discarded under the federal Resource Conservation and Recovery Act.
 

Exit mobile version