Company Will Appeal to State Supreme Court
WILMINGTON, Del., Oct. 19 /PRNewswire-FirstCall/ -- The following statement is in response to today's verdict in the Spelter, W.Va., zinc smelter class action lawsuit. The statement is to be attributed to DuPont General Counsel Stacey J. Mobley.
"We are extremely disappointed by the outcome of the Spelter case. With today's decision, DuPont believes it has been unfairly punished for doing the right thing for this property and this community.
"This outcome could have a chilling effect on brownfields remediation and restoration across the United States.
"DuPont will appeal this verdict. We believe there were many errors that deprived the company of a fair trial and we will petition the Supreme Court of Appeals of West Virginia for review.
"We believe the evidence shows that there is no increased risk of disease or need for remediation in the class area. This evidence includes soil sampling data showing that contaminant levels on a class-wide basis are below the safe screening levels established by the West Virginia Department of Environmental Protection.
"DuPont's remediation was, and continues to be, supervised by state and federal regulators. The company's cleanup efforts were in compliance with applicable state and federal regulations. DuPont sold the Spelter site in 1950 after operating the plant for 22 years. Nonetheless, the company assumed responsibility for the cleanup of the site and took the initiative to reacquire the property in 2001. DuPont completed the cleanup in 2006, providing a substantial benefit to the community. A portion of the site is now available for redevelopment.
"The U.S. Environmental Protection Agency, in conjunction with the West
Virginia Department of Environmental Protection, conducted off-site soil
testing prior to DuPont's remediation of the Spelter site. Based on these
results, neither agency ordered DuPont to conduct additional
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