A class action has been filed against El Dupont, Incorporated and several of its affiliates for environmental contamination. The plaintiffs allege that their properties have been invaded by, and that they have been exposed to, hazardous substances released as a result of El Dupont's conduct at the former zinc production facility known as the Spelter Smelter facility in Harrison County, West Virginia.
Specifically, the complaint alleges that millions of tons of waste material, including tailings generated from zinc production and related processes at the facility were – and are – placed in a huge pile at the facility. The pile is located directly adjacent to the West Fork River, which winds through several nearby communities.
The waste materials are allegedly high in hazardous substances, including arsenic, lead, and cadmium. These substances are hidden in dust that is readily airborne, particularly in dry periods. Periodically, the pile has caught on fire, rendering additional materials with hidden hazardous substances airborne.
The plaintiffs learned that their properties, the West Fork River and other nearby streams, ground water, the flood plain, riparian shoreline, and recreational facilities have been contaminated with hazardous substances contained within dust, smoke and other releases from the facility.
They seek compensatory and punitive damages associated with the past and continuing intrusion of El Dupont's hazardous substances on the properties and the establishment of a medical monitoring program to diagnose diseases associated with the exposure of hazardous substances.