US DuPont appeals zinc-smelter verdict

24 June 2008 21:08  [Source: ICIS news]

HOUSTON (ICIS news)--US chemical major DuPont on Tuesday appealed the results of a $196m (€125) zinc-smelter class-action lawsuit in West Virginia.

In the suit, 10 people living near a smelter at Spelter, West Virginia, said they were exposed to lead, cadmium and arsenic. DuPont, which was ordered to pay $196m in damages, filed the appeal with the Supreme Court of Appeals of West Virginia.

"We believe there were many errors that deprived DuPont of a fair trial," according to a statement by Stacey Mobley, DuPont general counsel.

DuPont sold the smelter in 1950 but later assumed responsibility for the environmental clean-up of the site. That project was completed in 2006.

DuPont said that environmental samples did not support the verdict and that levels of contaminants were below established safety thresholds.

"The appeal filed today highlights a number of serious errors committed by the trial court in the Spelter case," Mobley said in the statement.

"DuPont should not be penalised for conducting a remediation under the supervision of the US Environmental Protection Agency and the West Virginia Department of Environmental Protection," Mobley said. "DuPont's remediation - and cooperation with state and federal regulators - cannot constitute 'wanton, wilful or reckless' conduct required under West Virginia law to justify punitive damages."

($1 = €0.64)

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