"We are extremely disappointed by the outcome of the Spelter case," DuPont's General Counsel Stacey Mobley said. "With today's decision, DuPont believes it has been unfairly punished for doing the right thing for this property and this community." Mobley said DuPont will petition the West Virginia Supreme Court of Appeal to review the verdict in Harrison County Circuit Court that ordered DuPont to pay punitive damages totaling US$196.2 million.
The punitive damages awarded in Phase 4 of the suit, followed similar verdicts in previous phases, bringing the total damages to almost US$400 million.
Ten residents living near the industrial site in Spelter, West Virginia sued the company claiming they were exposed to lead, cadmium and arsenic.
The claimants' attorney Mike Papantonio said: "West Virginia is a wonderful place to do business because of the people and natural resources. But, it's not the type of place a renegade corporation should call home.
"This is a diligent, hard-working jury that understood exactly how reckless DuPont's conduct really has been over the last 50 years."
DuPont sold the Spelter site in 1950 after operating the plant for 22 years, but it assumed responsibility for the cleanup of the site and reacquired the property in 2001. DuPont completed the cleanup in 2006.
"We believe there were many errors that deprived the company of a fair trial," DuPont's Mobley said. "We believe the evidence shows that there is no increased risk of disease or need for remediation in the class area."
The Delaware-based company said the evidence includes soil sampling data showing that contaminant levels 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," Mobley said. "The company's cleanup efforts were in compliance with applicable state and federal regulations."
Mobley said the federal Agency for Toxic Substances and Disease Registry investigated blood-lead levels of children in the community and found no evidence that children in Spelter were being exposed to hazardous levels of lead.
(Reporting by Steve James)